He put his shoes under the pedal of the vehicle and lay down in front of it

Abu Dhabi Cassation Refuses to Compensate Heirs of a "Suicide" Driver

The Abu Dhabi Cassation upheld the “appeal” ruling.

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Abu Dhabi Court of Cassation upheld a ruling by the Court of Appeal, which ruled rejecting a civil lawsuit filed by the heirs of a deceased driver, and demanded that the company in which he worked be obligated to pay the blood money and compensate them for his death. The court confirmed that the investigation proved that there was no criminal suspicion in the death of the driver, and that it was more likely that he had committed Suicide.

The details of the case are due to the fact that the heirs of the deceased driver filed a lawsuit against a transport and contracting company, in which they demanded that it be obligated to pay blood money, compensation for material and moral damages, and lost earnings with legal interest, indicating that the driver suffered an accident that claimed his life, during his work, as a result of a mistake and negligence of the company The failure to provide means of safety and security, and the failure to give workers hours of rest at peak times, which led to his exposure to a bout of severe exhaustion, falling unconscious, and then his death, and that they suffered material and moral damage, as they lost their breadwinner and livelihood, and the children of the deceased are still young.

While the forensic investigation report proved that there was no criminal suspicion of the death, it is likely that the driver committed suicide by placing his shoes under the pedal of the stomach on which he was working and operating, and he lay in front of it at a close distance, and ran over him during the rest of his colleagues, and the court of first instance decided to dismiss the case, Based on the absence of a mistake on the part of the company, the heirs appealed the ruling, and demanded the judiciary, again, to make amends for their damages and compensate them for all material and moral damages, confirming the company's mistake for the lack of supervision or control or human places to rest, which forced the driver to take a rest inside the stomach, because it is air-conditioned He fell from it where he was sleeping and ran over him.

They emphasized the availability of an element of error on the part of the company in negligence, the absence of supervision and control over workers, subjecting the driver to a long and exhausting work period without rest, and not subjecting him to training courses on safety and safety rules, so that he is fully aware of the danger surrounding him, pointing out that with the death of their inheritors they have become Without a helper and without work, and that their inheritor passed away in his workplace, which requires compensation.

The court rejected the appeal, confirming that the driver’s preference for suicide does not necessitate compensation, according to Article 153 of the Labor Law, which states that the driver does not deserve compensation for injury or disability, if it is proven from the competent authority’s investigation that he intentionally injured himself, with intent to commit suicide, or Receive compensation, sick leave, or any other reason.

The heirs appealed the ruling, asserting that their inheritor was forced to rest inside the stomach, so he fell from it during his sleep and ran over him, and that there is no certain evidence of his committing suicide, and they confirmed their inheritor's entitlement to compensation, according to Article 149 of the Labor Law, without the need to prove the error once the danger is realized. While the Court of Cassation confirmed that the dispute before it is not related to the rights of the deceased driver, and was limited before the court of first instance to the defendant company’s claim for compensation, based on tort, without relying on the rules contained in the Labor Law, which are competent to hear disputes related to the labor courts, exclusively. .

She pointed out that the report of the Criminal Investigation and Investigation Department, which the court was reassured of, proved that there was no criminal suspicion, and it was more likely that the driver committed suicide, pointing out that extracting the existence of the error requiring responsibility or denying it is one of the realistic matters in which the trial judge is independent, without being punished He has to, as long as it is drawn, and it has its fixed origin in papers, and it has ruled not to accept the appeal, and obligated the appellants to pay fees and expenses.

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