A car hit him, causing him to lose the ability to move without assistance

150,000 dirhams in compensation for a young man who was injured in a traffic accident

The Civil Appeal Court in Ras Al Khaimah ruled that an insurance company was obligated to compensate a young man (Arab) 150,000 dirhams, as an insured car hit him with this company, causing his left foot to fracture and his inability to move, except with the help of others.

In detail, the young man filed a lawsuit before a civil court in Ras Al Khaimah, in which he demanded the driver of the vehicle who caused the accident, and the insurance company with which he had insured, to pay him appropriate compensation for the material and moral damages suffered by him as a result of his injury in the accident.

The court ruled that the two defendants were obligated to pay him 180,000 dirhams in compensation, and that they were obligated to pay fees and attorney fees.

The verdict was not accepted by the insurance company, so it challenged it with the appeal, and requested the dismissal of the case due to the lack of validity and proof, due to a mistake in the application of the law, failure to cause, corruption in reasoning, and violation of documentary evidence, and it also demanded that the perpetrator of the accident and the injured be obligated to pay fees, expenses and attorney fees.

The insurance company stated that the appealed judgment made a mistake in its decision to pay compensation for moral damage to the injured, despite the fact that he obtained the blood money according to a first-degree court ruling, and that the appealed judgment ruled in the case without presenting the injured to the forensic medicine, and before his injury was stabilized and became of a final character, and without a statement The percentage of his disability, which is considered a violation of the right of defense.

The young man also appealed the ruling and demanded that the judgment be amended and that the judgment be given appropriate compensation, in order to redress the material and moral damage caused to him as a result of the injuries due to the traffic accident, and to oblige the defendants (the driver of the vehicle and the insurance company) to pay fees, expenses and attorneys' fees.

The court decided to join the two appeals for engagement, in order to issue a single judgment, and made it clear that in relation to the appeal of the insurance company, it was misplaced, because Article 110 of the Law Establishing the Insurance Authority and Organization of its Business, stipulated that the insurance company must process insurance claims in accordance with the legislation in force and the provisions of Insurance documents.

The court continued that the obituary for the appealed ruling combining blood money and moral compensation for the damages suffered by the plaintiff, that the documents prove that he did not pay the plaintiff the blood money for the injuries he suffered, and then the court’s judgment for compensation for the moral damage he suffered came with a valid document. The obituary is out of place.

She indicated that the young man’s awareness of the inadequacy of the amount of compensation for the damages suffered by him, that the court considers that the court of first instance overestimated the compensation awarded for the material damage, especially after the confirmation of a medical report confirming the satisfactory healing of the injury case, and then the court decides to reject the obituary.

She explained that she decided to amend the compensation for the material damages that were caused to the plaintiff, to the extent that it decided that it is proportionate to those damages, and that he has the authority to estimate the compensation, and then it decides to reject the two appeals in form, and to amend the amount adjudicated to 150 thousand dirhams, and obligate the driver of the vehicle to pay the expenses And attorney fees.

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