A boat captain ran him over and caused a fracture and amputation in his leg

One million dirhams in compensation for a young man who was impotent in a marine accident

The Abu Dhabi Court of First Instance ordered an insurance company and a boat captain to pay one million dirhams in solidarity to a young man as compensation for the captain of the insured boat with the insurance company ramming him while riding a water bike, which resulted in impotence, amputations in his left leg and sporadic fractures in the body.

The details of the case are related to the young man’s exposure to an accident while driving a water bike caused by a boat captain on the shore of Abu Dhabi, leaving him with a disability percentage, and the boat is insured with the insurance company, and the accident caused injuries to the young man, and the plaintiff was found guilty before a court of first instance, which ruled in presence to convict him, imprison him for two months, and fine him 5000 dirhams.

The young man filed a lawsuit, and demanded the assignment of a forensic doctor to sign a medical examination on him and determine the injuries he suffered, their degree, the extent of their impact on his work and his future, the percentage of these injuries and their determination, and the size of the physical pain caused by the accident and which he still suffers, and he supported his lawsuit with a photocopy from the criminal judgment issued against the defendant. Second, a scanned image of a first medical report.

When the case was circulated, the plaintiff’s acting attorney requested the introduction of new litigants in the case, and the judge decided, before deciding on the matter, to delegate one of the forensic doctors from the Judicial Department to sign a medical examination on the young man to show his injuries resulting from the accident subject of the criminal judgment.

The coroner's report explained that the young man suffered traumatic injuries to the pelvis and left lower extremity as a result of hitting a solid object, which led to a dislocated fracture in the sacroiliac bone on the left side and a dislocated fracture of the pubic bone with diastole where he was surgically treated by fixing fractures with metallic screws and descriptors, and an injury A severe trauma to the left lower extremity was represented by an injury to the shin bone below the knee and a dislocated fracture fracture in the left thigh bone, where the thigh fracture was treated with a stabilization operation for the fracture in the thigh bone by placing a metal skewer inside the thigh bone.

The report revealed that the injuries had stabilized and assumed the final characteristic, leaving them with amputation in the lower left limb from the level below the knee joint and a fractured fracture of the left thigh bone, which constitutes a permanent disability whose functional disability is estimated to be 100% of the benefit of the left lower limb.

He indicated that there was a limitation in the movement of bending and rotation of the sacroiliac bone (from the pelvic bones), accompanied by chronic lower back pain and difficulty with persistent lower back pain when sitting long, which constitutes a permanent disability estimated at 50% functional disability, in addition to the claimant suffers from "Impotence" as a result of loss of erectile function, which is 100% permanent disability.

The attorney of the plaintiff demanded to compel the defendant and the entered litigants to pay him 10 million dirhams moral and material compensation, while the representative of the insurance company attended and submitted a commentary note on the forensic report in which he ended with the request to refer the plaintiff to the medical committee and the claim procedures are invalid due to the lack of capacity for the plaintiff and the incorrect representation The plaintiff and accepting the payment by filing it prematurely and the defendant’s liability for the guarantee being lost for the insured’s violation of the policy’s conditions and accepting the payment that the liability of the defendant does not exceed the amount of 200 thousand dirhams by others according to the terms of the insurance policy and rejecting the claim for its inaccuracy with obliging the plaintiff to pay expenses.

While the court affirmed in the merits of the ruling, that the legislator has adopted the compulsory insurance system on motor vehicles for the benefit of others in a way that gives the injured person a personal right from the law that provides him with the capacity and interest in filing his lawsuit against the company insuring the vehicle that caused the accident and demanding compensation for the bodily injuries he sustained or Material damages without the insured company having the right to protest.

She pointed out that the proof of the criminal judgment issued in the presence of the defendant, which was not appealed, that the entered opponent was found guilty of wrongly causing the injury of the young man when driving the insured boat with the defendant at the time of the accident, which the defendant did not deny that.

The court clarified that the court is not to be discouraged if it rules for compensation for all the damages caused to the injured when it indicates the elements of the harm that were decided for him with this compensation and was proven from the attached medical report, which the court assures him that the plaintiff suffered injuries as a result of the accident he caused The opponent entered while driving the insured boat with the defendant was represented by what was stated in the forensic report, in addition to the material loss suffered by him and the future expenses that his health status will need and what he will miss an opportunity to earn in addition to the psychological damage he suffered and what will accompany him from future pain, sadness and sadness. The court ruled to oblige the defendant and the entered litigant jointly to pay the plaintiff one million dirhams, and obligated them to pay the lawsuit fees and fees and attorney fees.

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