He committed a traffic accident and caused the death of one person and the injury of another

The "appeal" requires a driver to pay an insurance company of 496,000 dirhams

The "appeal" upheld the first degree ruling.

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The Court of Appeal - Abu Dhabi upheld a judgment of the Court of First Instance, requiring a driver of a vehicle to pay an insurance company an amount of 496,429 dirhams, compensation for the sums it paid to those affected by an accident committed while driving a car under the influence of alcohol, which resulted in the death of a person and the injury of another, and the court ruled Rejecting the appeal and confirming the appealed judgment.

In the details, an insurance company filed a lawsuit before the commercial court against the owner of a vehicle, in which it demanded that the defendant pay it an amount of 524 thousand and 429 dirhams, with the legal interest of 12% from the date of the claim until the full payment, indicating that the defendant caused an accident which is Under the influence of alcoholic beverages, which resulted in the death of one person and the injury of another, the insurance company paid 28 thousand dirhams to the company that owns the car affected by the accident, 372 thousand and 910 dirhams for the injured person, and 123 thousand and 519 dirhams to the heirs of the deceased.

The defendant submitted a memorandum in which he pleaded not hearing the case due to the passage of time and sought rejection of the case, and as a precaution, including the criminal file and referring the case to a forensic doctor or a specialized expert, and not accepting the case against him with more than 10% of the liability, while the Commercial Court ruled that it has no qualitative competence to examine the case And ordered her case referred to the civil court.

The court of first instance decided to appoint a forensic doctor to review the case file, the documents and reports in it, and what the litigants might present to indicate whether the main cause of the accident occurred, driving the defendant under the influence of alcohol or not, and the forensic report concluded that the cause of the accident was Driving the defendant under the influence of alcohol, and the court of first instance ordered the defendant to pay the plaintiff an amount of 496 thousand and 429 dirhams, and obligated him to pay the fees and expenses of the case and in return for the attorney's fees, and rejected all other requests.

The defendant did not accept the judiciary, so he appealed it with an appeal, requested the annulment of the judgment and the judiciary again by not hearing the case due to the passage of time, and as a precaution, submitting the medical report submitted, and delegating another doctor to express an opinion on the percentage of alcohol that appeared in his blood.

The Court of Appeal stated in the merits of the ruling that the unified document on which the court relied stipulated that, for the driver's permissibility to refer, he must prove his inability to control the vehicle or his recognition of that before the competent authority, noting that the evidence is from the forensic report that the court assures him of the safety of the foundations The report must be issued by a specialist, that the cause of the accident is driving the defendant under the influence of alcohol, and therefore the responsibility of the defendant is to compensate the plaintiff for the sums she paid because of the accident, and this is a correct reasoning in accordance with the law, and then the obituary regarding it becomes unfounded.

And upheld the appealed judgment and obligating the appellant to pay expenses, including attorney fees.

- The

court decided to 

appoint a forensic doctor to review the case file, documents and reports.

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