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

50 thousand dirhams compensation for a girl who sustained a permanent eye disability

The Al-Ain Court of Appeal upheld the judgment of a court of first instance requiring a woman to pay a child 50 thousand dirhams in compensation for her permanent disability in her eye, and the court ruled to reject the defendant's appeal, uphold the appealed judgment and obligate her to pay fees and expenses.

In the details, a man filed a compensation lawsuit before the Court of First Instance in Al Ain, at the end of which he requested the ruling to compel a woman to pay him 300 thousand dirhams as a material and moral compensation while obliging the fees and expenses and in return for attorneys' fees, for causing his child to be permanently disabled while she is still in the prime of her life, where she threw Confronted with a glass bottle with the intent to violate the integrity of her body, the glass fragments were scattered and she was afflicted with a number of injuries that left her with a permanent disability, represented by a decrease in visual acuity of the left eye by 10%, and the defendant was convicted of that act by a final criminal judgment, and the court of first instance ordered the plaintiff She must pay the plaintiffs compensation of 50 thousand dirhams and bind her for the expenses.

This court did not gain acceptance from the defendant, so she appealed against him with the appeal, and denounced the appealed judgment, that the person subjected to the abuse could not combine the indemnity with compensation, indicating that it had previously been sentenced to pay compensation from the "government of justice" in the amount of 20 thousand dirhams in the criminal case And I paid the aforementioned amount, and the plaintiff received it in his capacity, and therefore the compensation could not be entitled again, and it asked the court to accept the appeal in the form, and in the matter, to cancel the appealed judgment, rule to reject the case, and to oblige the appellant to fees and expenses of the two levels of litigation.

While the appellant submitted a memorandum in which he stated that the blood money of intentional people 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 law for 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 bind the appellant 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 that is caused to the injured person as a result of harm to himself and is transferred by his death to his heirs, and that there is no objection to prevent Whoever is injured in the request to complete compensation for the damages suffered by him as a result of the criminal act, i.e. the infringement committed against him, even if the judiciary 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 And obligating the appellant to pay fees and expenses.

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