The "court" obligated the perpetrator of the accident and the insurance company to pay

120,000 dirhams in compensation for parents who lost their only son in an accident

A civil appeals court in Ras Al Khaimah ruled to amend the first-degree judge’s ruling by 50 thousand dirhams to compensate (Asian) parents who lost their son and their only breadwinner in a traffic accident, and the court decided to raise the compensation to 120 thousand dirhams, taking into account the gravity of the accident and its circumstances and in appreciation of the severe pain and sorrows that befell them .

In the details, a 30-year-old worker, who was working as a carpenter in a workshop, died as a result of a traffic accident, and his parents filed a lawsuit before the civil court to compel the perpetrator and the insurance company to pay them compulsory compensation for the damages they suffered, and a court of first instance ordered them to pay In solidarity to the parents, 50 thousand dirhams moral compensation for the damage they suffered as a result of losing their only breadwinner.

The judgment was not accepted by the parents, so we challenged it with the appeal, and they demanded an increase in what was decided by the compulsory limit for the damages inflicted on them, explaining that their deceased son was their sole breadwinner and the compensation he had decided was little and not commensurate with the damages suffered by them.

The court stated in the verdict that the first obituary of the appealing parents is valid, as it is established in Islamic law that the principle is that the son is the one who supports his parents in their old age, and then dependency becomes the principle at this stage.

She explained that the death of the son missed the parents the opportunity to gain his sympathy, tenderness, and care for them, especially after they had grown old and had no one to support them other than him, and that they hoped to spend it on them in their old age, and that he was in the prime of his life and their sole breadwinner, following up that he must be with him for them with this compensation and if he disagreed The appealed judgment, this consideration, is defective.

She added that the court and its authority to estimate compensation for missing the opportunity to earn, it takes into account determining the amount of compensation, especially that the inheritor was 30 years old on the day of his death, and that the chances of his bid as a carpenter extend to another 20 years, and that he was supporting his parents. Then, she estimates the amount of maintenance at 50,000 dirhams.

And I mentioned that with regard to the second obituary for the parents, it is in locality, because the appealed verdict had deliberately estimated the moral compensation at a value of 50 thousand dirhams, without taking into account the gravity of the accident and its circumstances and the extent of the severe pain and sorrows that befell the parents as a result of losing their son when he was young Therefore, the judgment is defective.

She added that the court may assess compensation for moral damage, and decide with it to accept the appeal in form and in the matter to amend the appealed judgment by making the amount adjudicated 120,000 dirhams.

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