A woman sets a hotel room on fire with a cooking stove

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

In the details, an insurance company filed a lawsuit «Tejari Abu Dhabi» against a woman, demanding that the defendant pay her an amount of 66 thousand 927 dirhams and interest from the date of filing the case until the payment is completed, indicating that the defendant was staying in one of the rooms in a hotel, A fire occurred in the room because she left the cooking stove working without supervision, and that the hotel sent the defendant a letter carrying the error, and he 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 the causes The fire and the cause of it, noting that it was not clear that the defendant received the address of the hotel, which was the fault of her, and that the attached expert report was based on the statements of the hotel employees and the plaintiff company.

This court was not accepted by the "plaintiff" insurance company, so she appealed it, denouncing the judgment as a mistake in applying the law and violating the proven papers, indicating that the ruling contradicted the documents proving the responsibility of the appellant against it and the availability of the elements of responsibility, as it presented a copy of the loss survey report, which proves The fire occurred due to the appellant's negligence, and the report proved the damage and losses to the hotel, while the appellant submitted a memorandum requesting the appeal to be rejected.

The court clarified in the merits of its judgment, published on the official website of the Abu Dhabi Judicial Department, that the documents and the report of the deposited insurance expert, who were not presented in the papers, contradicted him, stated that the appellant was the one who caused the fire in the hotel, which caused damages to the amount claimed after deducting What the plaintiff bears.

She indicated that this report proves the responsibility of the appellant for the damages resulting from her mistake and that she is obligated to perform the consequences of her wrong act.

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 4% annually from the date of filing the lawsuit, and until the payment is completed, not exceeding the amount decided and obligating her to pay the expenses of the two levels of litigation.

Follow our latest local and sports news, and the latest political and economic developments via Google news