265,000 dirhams in compensation to a company for the theft of its generators
The Abu Dhabi Commercial Court - the first instance - obligated an insurance company to pay an equipment leasing company of 265 thousand dirhams, the value of insured generators that were stolen, indicating that the defendant's liability to the plaintiff is occupied by a known amount, and as a result of a contractual relationship with a specified value, and the defendant's procrastination has been proven. In paying them, in accordance with the conditions of the plaintiff's entitlement to the delay interest as compensation for the delay and delay, and the court estimates it at 5% annually from the date of the judicial claim, and in a manner that does not exceed the principal debt according to the text of the verdict.
In the details, the equipment rental company (the plaintiff) filed a lawsuit, in which the court demanded to compel the defendant (an insurance company) to pay her an amount of 265 thousand dirhams and the legal interest due at the rate of 12% from the date of filing the lawsuit until full payment and obligating her with fees, expenses and attorney fees, Pointing out that it rented generators to a company, and the latter stole those generators, pointing out that it had insured these generators against loss and loss.
The court clarified that what is proven from the case documents is that the insurance company has insured the equipment against loss and damage, and it was proven according to the expert’s report filed in the case file that the insurance company’s liability is occupied for the benefit of the plaintiff, an amount of 265 thousand dirhams, the value of the loss of the leased equipment, indicating that the criminal ruling condemned the leasing company for the generators On charges of theft, and the ruling issued had become final for non-appeal.
The court affirmed its reassurance of the expert’s report deposited in the case file, of the soundness of the foundations upon which his opinion was based and its issuance by an expert, and that the insurance company attended the litigation sessions and did not present anything contrary to the expert’s findings, indicating that the insurance policy is the one that governs the relationship between the two parties, in terms of The money, the insured, the amount of insurance, and the risk of the insured, and that the commitment of the insured towards the beneficiary of the insurance policy is in the manner agreed upon in it, and it was decided that the subject of the obligation in the insurance contract is the amount of insurance agreed upon in the contract, which the insurance company will pay in full to the insured or the beneficiary The condition for his benefit when the insured risk is realized, no more or less.
The court ruled obligating the insurance company to pay the plaintiff an amount of 265 thousand dirhams, obligating it to pay the plaintiff the legal interest on his behalf at the rate of 5% annually from the date of the judicial claim until the completion of payment, not exceeding the principal debt, and obligating the defendant to pay the lawsuit expenses.
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