The “appeal” required it to pay 66.9 thousand dirhams for damages

A woman causes a hotel room fire

The Court of Appeal in Abu Dhabi canceled a ruling of the Court of First Instance, which ruled to reject an insurance company’s lawsuit to compel a guest in a hotel who had caused a fire in her room to bear the costs of the damages that occurred in the room, and the court ruled obligating the appellant to pay the company an amount of 66 thousand and 927 dirhams and legal benefits .

In the details, an insurance company filed a lawsuit «Tejari Abu Dhabi» against a woman, demanding that the defendant pay her 66 thousand 927 dirhams, and the interest from the date of filing the lawsuit, indicating that the defendant was staying in one of the rooms in a hotel, and a fire occurred in the room due to The cooking stove left her working without supervision, and that the hotel sent the defendant a letter carrying the mistake, and also sent a letter to the plaintiff, as the company insuring a hotel, with the value of the damages caused by the fire, and that she (the plaintiff) paid the damages value.

The Commercial Court ruled that it had no jurisdiction to hear the case, and to refer it to the Abu Dhabi Court of First Instance, which decided to dismiss the case, based on the fact that the defendant denied that it caused the fire in the room, in addition to the absence of papers indicating that it caused this fire, in addition to not informing the competent authorities to conduct the investigation about Causes and Causes of Fire.

This court was not accepted by the insurance company (the plaintiff), so she appealed it, denouncing the judgment as a mistake in applying the law, noting that the ruling contradicted the documents that prove the responsibility of the appellant against it, as it presented a copy of the loss survey report, which proves that the fire occurred due to the appellant's negligence. The report also confirmed the damage and losses to the hotel, while the appellant submitted a memorandum requesting the rejection of the appeal.

The court declared that the documents and the deposited insurance expert’s report that the appellant caused the fire in the hotel.

The court ruled to accept the appeal formally, and in the matter to cancel the appealed ruling, and to oblige the appellant to pay the appellant 66 thousand and 927 dirhams, and the legal interest at the rate of 4% annually from the date of filing the lawsuit until the completion of payment, not exceeding the amount decided, and obligating her to spend the two levels of litigation. .

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