Expenses, fees, expenses and moral damages

50 thousand dirhams in compensation for parents who lost their son in a traffic accident

A civil court in Ras Al Khaimah ruled that a young (Gulf) man who caused the death of a young (Asian) in a traffic accident and an insurance company must pay the heirs of the deceased (his parents) 50,000 dirhams in compensation for the damages they suffered as a result of the loss of the eldest son.

The Public Prosecution accused the young man of not adhering to traffic signs, rules and etiquette, and driving his vehicle without attention, which led to the accident and causing the death of the victim, and the Misdemeanor Traffic Court fined the accused 1500 dirhams and obligated him to pay the legal blood money to the heirs of the victim of 200 thousand dirhams.

In detail, the two plaintiffs (the heirs of the deceased) filed a lawsuit in which they demanded compensation for the material and moral damages they suffered as a result of the loss of their sole breadwinner in his capacity as the eldest son, in addition to the fact that they lost large sums of money as a result of his death from judicial expenses, charges for charging the body and extracting the necessary papers after death .

For his part, the attorney of the accused submitted a defense memorandum demanding that the case be rejected because the damage was not proven, because moral damage may not be claimed in the presence of legal blood money, and the plaintiffs did not prove that their deceased son was supporting them and spending on them.

The court affirmed in the merits of the ruling that the plaintiffs may claim compensation for the moral damage caused to them as a result of the death of their son, which is a compensation that differs from the blood money that compels the same injury or loss of life that is forbidden to combine them, and then it is permissible to claim compensation even if they are given the legal blood money.

She indicated that the moral damages are to include everything that harms a person in his honor and consideration, or afflicts his emotions, feelings and feelings, and since the two plaintiffs were the parents of the deceased in the accident, and as a result of his death, they were afflicted with grief and sorrow over the separation of their heart, which is considered moral damage.

The court estimates with him the amount of moral compensation at 30 thousand dirhams.

She added that the plaintiffs did not submit to the court evidence that their deceased son was the only provider for them, and that they lost the source of their income after his death, and with him the court decides to reject the request for compensation for material damages, because it came on an incorrect basis of law or reality, and it is decided to compensate them financially for the remaining damages. Incurred by expenses, fees and expenses of 20 thousand dirhams.

The court obliged the first defendant, the cause of the accident, and the second defendant, the insured company, the car that the first defendant was driving, to pay jointly between them an amount of 50 thousand dirhams to the plaintiffs and the heirs of the deceased, moral and material compensation for the damages incurred by them as a result of their loss. Their son is in the accident.

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