A woman threw a glass bottle at her with intent to assault

50 thousand dirhams compensation for a child who suffered a disability of her eye

The Al-Ain Appeals Court upheld the judgment of the Court of First Instance, which stipulated that a woman must pay a child 50 thousand dirhams in compensation for her permanent eye disability, and the court ruled to reject the defendant's appeal, uphold the appealed judgment, and bind her to fees and expenses.

In the details, a man filed a compensation lawsuit before the Court of First Instance in Al-Ain, in which he requested the ruling to compel a woman to pay him 300,000 dirhams in material and moral compensation, for causing his daughter to be permanently disabled, while she is still in the prime of her life, where she threw a glass bottle in front of her with the intent to attack the safety of Her body, and the glass fragments scattered and inflicted a number of injuries on her, which left her with a permanent disability, represented by a 10% decrease in visual acuity of the left eye, and the defendant was indicted for that act by a final penal ruling, and the court of first instance ordered the defendant to pay the plaintiff a compensation of 50 One thousand dirhams and obligated by the expenses.

This judgment did not gain acceptance from the defendant, so she challenged him with the appeal, and she denounced the contested judgment that the person who was victimized could not combine the indemnity with compensation, indicating that she had previously been sentenced to pay compensation in the amount of 20 thousand dirhams in the criminal case, and she paid it and received it The plaintiff is the father, and therefore the compensation cannot be entitled again, and she asked the court to accept the appeal formally, and in the matter to cancel the appealed judgment, the judgment to reject the case, and to oblige the appellant to pay fees and expenses for the two levels of litigation.

Whereas the appellant submitted a memorandum in which he stated that the blood money of the intentional person and the parties is an original punishment and compensation decided upon the perpetrator of the victim, and as it is a punishment that cannot be substituted by Sharia law with another punishment, so it is wrong to consider blood money or indemnity as compensation, and to request rejection of the appeal and support the appealed judgment and obligate the appellant to pay fees Expenses and attorney fees.

The Court of Appeal clarified in the merits of its ruling that according to Article 299 of the Civil Transactions Law, it is forbidden to combine blood money or compensation for material damage to the injured person as a result of the harm he inflicts on himself, and that his death is transferred to his heirs, and it is decided that there is no objection. The injured person is prohibited from requesting the completion of compensation for the damages suffered by him as a result of the criminal act, that is, the infringement committed against his right, even if the court imposes blood money on him.

She indicated that what was decided against the appellant in the criminal case falls within the framework of the criminal penalty for the crime committed from her, and therefore it is not prevented from assessing compensation compensation for damages in accordance with the provisions of the articles of the Civil Transactions Law, and the court decided to accept the appeal formally, and in the matter to reject it and confirm the appealed judgment The appellant must compel the fees and expenses.

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