He suffered permanent impairments in movement and speech

735 thousand dirhams in compensation for a child who fell from an electric escalator in the «Mall»

The Al-Ain Court of Appeal obligated an insurance company, a commercial center, and mall officials to pay 734,985 dirhams for a child who fell off the escalator in the "mall" and suffered fractures in the skull bones that led to permanent impairments in movement and speech.

The court rejected the child's father’s request to increase the amount of compensation, or the ruling for him and the mother of the child for separate compensation for the psychological and moral damages resulting from the accident.

In the details, a 5-year-old child had a fall from an electric ladder in a mall (mall) as a result of a mistake in charge of the mall and the security official in the mall, and the second and third defendants were referred to the criminal court and were convicted, while the child's father filed a civil case before a court The first degree, in which he requested to compel the defendants to pay him in solidarity and solidarity between them, an amount of 10 million dirhams as compensation for the physical and moral harm caused to his son, and three million dirhams in compensation to his parents for the material and moral harm they had suffered, while the defendant submitted a memorandum that included a request for the introduction of new opponents In the lawsuit, they are the insurance company, an engineering contracting company, in addition to the plaintiff (the father of the child) in his personal capacity.

The forensic report showed that the child suffered fractures in the bones of the skull, and blood accumulated under the meninges of the brain, which resulted in the child suffering from memory and focus impairment by 30%, weakness of the left half of the face muscles and the inability to complete the movement of the left eyeball or tightening the left corner of the mouth And the deviation of the angle of the mouth, which is considered a disability of 40% of the nature of the face, and a disturbance of speech and speech by 60%, in addition to atrophy and weakness in all the muscles of the right arm and the lower right, by 50%, with a clear lameness.

The court of first instance decided to accept the public prosecution’s intervention in form, to accept the admission request in form, and not to accept the case in front of the second entered litigant, and in the subject matter of the original lawsuit to compel the defendants to jointly pay the plaintiff in his capacity as the natural guardian of his son, an amount of 734 thousand and 985 dirhams in compensation for material damages And moral, and not accepting the compensation request for the parents of the aggrieved party, and in the matter of introducing the deduction first entry (the insurance company), by not accepting the subject.

The court stopped when the child's father contributed and participated in the error that led to the occurrence of the accident, especially since the Criminal Court charged him with negligence, and convicted him for it, and then held him 25% of responsibility, and reflected it on the compensation owed to the injured child, to sacrifice an amount of 734,985 Dirhams.

This court did not receive acceptance from the child's father, so he appealed it, and presented a memorandum in which he confirmed that the compensation awarded to the injured child does not make amends for all the physical and moral damages he has suffered, which requires modification, in addition to the fact that the court made a mistake when it charged the child's father a quarter of the responsibility for the occurrence of The damage, which is a large and exaggerated percentage that does not reflect the reality of reality, and it was wrong when it refused to request compensation for the parents of the injured child, and the defendants did not accept the same ruling, so they appealed it with a counter-appeal.

For its part, the Court of Appeal affirmed in the merits of the ruling that the court decided to collect and understand the reality in the case and the assessment of the evidence presented in it, and the assessment of compensation for damages from the authority of the subject court as long as there is no text in the law or agreement obliging to follow certain criteria in determining it, and the court ruled to accept the original two appeals. In the form of the recipient in form, and in the subject of the original appeal by rejecting it and keeping its fees and expenses on the person who filed it, and in the subject of the corresponding appeal to cancel the partially appealed judgment in what was decided by it, and the judgment again to oblige the appellant against the insurance company with the appellants reciprocally to pay jointly between them to the original appellant in his guardian capacity The normal amount on behalf of his son is 734 thousand and 985 dirhams, and the insurance company and the appellants are charged equally between them, the fees and expenses of the appeal equally, and by confirming the appealed judgment in the rest of that.

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