The victim developed a disability of 10% in one of her eyes

Support for obliging a woman to compensate 45,000 dirhams for beating another

The Abu Dhabi Court of Appeal upheld a ruling of the Court of First Instance, requiring a woman to pay another 45,000 dirhams in compensation for the material and moral damages she suffered as a result of beating her in front of her children, which resulted in 10% disability in one of her eyes.

In the details, the complainant filed a lawsuit, in which the defendant demanded that the defendant pay her 450 thousand dirhams in compensation for the material and moral damages she suffered, while obliging her to pay fees and expenses, noting that the defendant beat her in front of her children in her home, and caused her permanent disability in Al-Ain, in addition to insulting and threatening her.

The complainant explained - in her lawsuit - that the defendant was convicted of that incident by a criminal judgment, which ordered her to be fined 1,000 dirhams for the crime of assault, while obliging her to pay the due judicial fee, and that she suffered pains and bruises on the face, forehead, neck, right and left hands, which affected her practical and family life. She is demanding compensation, and has submitted a copy of the criminal judgment, a copy of a medical report issued by a government hospital, and a statement that the dispute has been submitted to the Conciliation and Reconciliation Committee.

During the consideration of the case, the plaintiff (the complainant) attended and submitted a memorandum, in which she insisted on her requests, while the defendant’s defense submitted a memorandum, in which it adhered to the intrigue of the prosecution. The criminal case is final and final, and the case is rejected.

The court of first instance appointed a forensic doctor from among the experts of the Judicial Department, and his report concluded that the plaintiff arrived at the emergency department of a government hospital, and was suffering from abrasions on the hands, and bruises on the forehead, upper eye, neck, and upper back, indicating that the injuries are consistent with being attacked, and that she She recovered from her injuries in both hands, neck and upper back, without permanent disability or disability.

The medical report indicated that the injury to the eye area is considered a traumatic injury, which arose from the collision with a solid object satisfied, whatever it is, and is currently stable, except that it had a consequence of its abrasion and a partial posterior separation of the vitreous body with the right eyeball, which resulted in the plaintiff’s complaint of seeing flying objects In that eye - what is considered a defect - it is difficult to estimate a correct percentage, and an estimate of 10% of the original capacity of the affected eye, and about the presence of any pathological history of the eye before the incident, it was found that no disease or injury was reported, whether in the vitreous or optic nerve of any of the Eyes any earlier.

The defendant's attorney submitted objections to the report, indicating that he did not confirm or conclude that the injury that occurred in the plaintiff’s eye was caused by the beating incident, and that the defendant did not cause the described injury, pleading not to accept the case, and the court of the first degree in presence ordered the defendant By paying the plaintiff an amount of 45 thousand dirhams (forty-five thousand dirhams), with obligatory fees and expenses.

The two parties appealed the ruling, and the defendant asserted in her appeal that the forensic doctor’s report was contradictory, and that the plaintiff had an eye disease, especially the right eye, and that the bruise above the eye referred to by the report was cured, and does not require 21 days for treatment, and that the amount of compensation The judgment is exaggerated, and the plaintiff is only entitled to 10 thousand dirhams in compensation.

In her appeal, the plaintiff indicated that she is suffering so far as a result of the injuries she suffered, and that the disability rate determined by the doctor, estimated at 10%, did not reflect the truth, and that her harm was much more than that, and she sought to refer her again to the forensic doctor to determine the percentage of disability, and requested a cancellation The ruling, raising the compensation value to 450,000 dirhams, and obliging the defendant to pay the expenses.

The Court of Appeal affirmed in the merits of its ruling that the criminal judgment is an argument before the civil judge regarding the occurrence of the crime, its legal description, and its attribution to its perpetrator, and if the criminal court rules on these matters, it is forbidden for the civil courts to re-examine them, and that the court has the authority to assess the elements of harm. The degree of its severity, and the consequent effects of the afflicted, both material and literary.

The court pointed out that the criminal ruling to fine the defendant of 1000 dirhams has become final, for not being challenged according to the testimony issued by the Public Prosecution, and that the criminal act caused harm to the victim, due to the psychological pain and suffering that resulted from it as a result of touching her body, as well as dignity and respect. And the psychological pain that ensues as a result of the assault and the inviolability of personality, and the consequent fear, fear, pain and anxiety as a result of the act of assault, and the court decided to accept the two appeals in form, and in the matter to reject them and support the appealed judgment, and to charge each appellant the fees and expenses of her appeal.

The plaintiff demanded 450,000 dirhams in compensation for the damages she sustained.

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