He had a traffic accident and had a permanent disability rate
150 thousand dirhams compensation for a delivery worker
The Court of Appeal in Abu Dhabi upheld a ruling of the Court of First Instance requiring a car insurance company to compensate a delivery worker who was involved in a traffic accident by an insured car driver with an amount of 150,000 dirhams, and the worker sustained a permanent disability in the lower left limb.
The court rejected the company's appeal to reduce the amount of compensation, and also rejected the worker's appeal to increase the amount of compensation, stressing that the findings of a court of first instance are commensurate with the harm caused.
In the details, a delivery worker filed a lawsuit before the Abu Dhabi Commercial Court of First Instance, against an insurance company, which sought at its conclusion to oblige the defendant to pay him 120,000 dirhams the value of material, moral and future compensation for the damages incurred by him with the legal interest at 9% from the date of the judgment becoming final Until full payment and obligating the defendant to pay the case's fees and attorney fees.
He pointed out that he had suffered an accident caused by the captain of the insured vehicle with the defendant, which resulted in several injuries to him. The driver was found guilty and a final criminal judgment was passed against him.
The report of the forensic doctor delegated from a court of first instance showed that the plaintiff had suffered a traffic accident and had a permanent disability of 45% in the left lower extremity of its original nature, and that he would not be able to start his work as before to deliver sales at the same level to require riding a bike.
The worker's defense presented a petition memorandum at its conclusion to oblige an insurance company to pay him 200 thousand dirhams the value of material, moral and future compensation for all damages suffered by him with the legal benefit at the rate of 9% from the date of the judgment becoming final until full payment, and obligating the defendant to pay the lawsuit fees and attorney fees.
The insurance company submitted a reply memo, through which it argued that the case was not accepted for not resorting to the competent insurance committees, and the judgment dismissed the case in excess of 45 thousand dirhams, and the court of first degree decided to oblige the defendant to pay the plaintiff 150 thousand dirhams, and obligated the defendant to pay the fees, fees and compensation Fees and other requests refused.
The two parties did not accept that court, so the defendant challenged it before the Court of Appeal with a memorandum at the end of which it requested that compensation be limited to an amount of 45,000 dirhams only, with the appellant being charged with fees and charges.
The memorandum blamed the judgment for its error in the application of the law, its failure to cause it, and the corruption of its reasoning, as it combined compensation for moral damages and damages estimated in violation of the text of Article 299 civil transactions, and we also described the judgment that it had provided compensation that exceeds the harm caused.
The plaintiff appealed against the judgment by a memorandum requesting acceptance of the appeal in the form, and in the matter the increase in the sentenced amount by an amount of 50 thousand dirhams in addition to the amount sentenced with the legal interest at the rate of 9% from the date of the judgment becoming final until full payment with the appellant obligating the expenses with the appellant to be charged Expenses and fees.
He claimed that the judgment was not equivalent to the damages he suffered, represented in the permanent disability and fracture of the two leg bones, which were treated by fixing metal screws, in addition to the fray wounds on the left and right foot and they were treated with surgical sutures that were lifted, and that he had undergone several surgeries bearing the costs of their medications and the costs of Moving to follow doctors' clinics inside and outside the country, and the injuries negatively affected his ability to perform his work related to cycling to deliver requests, while the Court of Appeal decided to join the two appeals to issue a single judgment.
The court clarified in the merits of its ruling that the plaintiff is entitled to comprehensive compensation for the damages that were caused to him, including the material damage described in the report, and the moral damages that were represented in the psychological and physical pain of the plaintiff, in addition to the future pain and distress of the plaintiff due to the permanent disability.
The court confirmed that the findings of the court of first instance commensurate with the damage suffered by the appellant, as it does not see a reason to intervene in his regard in support of serving the first degree, and it ruled to accept the two appeals in form, and in their subject matter rejecting them in support of the ruling, and obligating each appellant to pay expenses including attorney fees.
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