Her vehicle broke down and a car hit her from behind

One million dirhams in compensation for a woman victim of an accident

The Court of Appeal in Abu Dhabi amended a ruling of the Court of First Instance, requiring an insurance company and a vehicle driver to jointly pay 600,000 dirhams to a woman as compensation for her injury in an accident. The court ruled to increase the amount of compensation to one million dirhams, noting that the injuries resulting from the accident refer the plaintiff to "My body structure."

In the details, a young woman filed a lawsuit before the Commercial Court, in which she demanded that an insurance company and a driver be obliged to pay her jointly two million dirhams, and the interest is 12% from the date of the injury until the payment is completed, as compensation for the material and moral damages that she suffered.

She indicated that the second defendant drove the insured vehicle with the first defendant, and his mistake caused the integrity of its body and caused the injuries mentioned in the attached report, and a final judgment was issued against him for the accusation of causing her injury and damaging the vehicle owned by it, and he was fined, while The two defendants paid 50% of the plaintiff’s contribution to causing damage, and taking this into account when assessing compensation.

The report of the forensic doctor delegated from the court showed that the plaintiff’s condition has stabilized, has become of a final nature, and that she suffers cerebral symptoms due to which she has a permanent disability, and a permanent disability in brain functions is estimated at 30%, and an injury to the cervical vertebrae in the spine constitutes a disability, estimated at 70%, and a deficit in functions. Respiratory system is estimated at 5%, in addition to the impact of the ability of the urinary bladder to control the process of urination, the occurrence of urinary incontinence, and it constitutes a permanent disability with the functions of the urinary system estimated at 50%, and the commercial court ruled that it has no specific competence to hear the case, and to refer it to the court of first instance, as the civil college court ruled Not having jurisdiction over the value of hearing the case, and referring it to the Civil Summary Court.

The court of first instance ruled that the two defendants were obligated to pay the plaintiff 600,000 dirhams, redress compensation for the material and moral damages that were caused to her, obligating them to pay expenses, and rejecting all other requests, noting that the estimated amount is equivalent to the material and moral damages suffered by the plaintiff.

This judiciary was not accepted by the plaintiff, so she appealed it, demanded the annulment of the appealed judgment, and the judiciary again to compel the appellant to show solidarity and solidarity to pay two million dirhams in compensation for the material and moral damages suffered by her, and she called the judgment in violation of the law and fixed in papers.

She indicated that the judgment in assessing the compensation did not take into account the severity of the damages suffered, as evidenced by the report, especially as she is a young woman in the prime of life, and that the injuries have turned her life upside down, which is necessary with him to increase compensation to match the damages.

She indicated in her appeal that the verdict made a mistake in not taking into account the loss of her salary, and her suspension of work due to the injuries she sustained, and it is not possible with her to start work, pointing out that the judgment also made a mistake in his refusal to compensate for the collapse of her marital relationship, especially since she was divorced after the accident. Four months, indicating the link between the accident and the occurrence of divorce.

And she demanded to hear evidencing witnesses who decided her ex-husband decided that it was impossible to continue the marital relationship, and her voice became thick like a man, in addition to her inability to custody and supervise her two daughters, and the issue of removing custody from her becomes a matter of time only.

While the defendants submitted two opposite appeals, the insurance company requested in its appeal a deduction of 50% of the amount for the appellant’s contribution to her mistake in the occurrence of the accident, noting that the accident report proved that she was standing in the middle of the street in the second left lane due to a technical failure in her vehicle, and that precautionary measures were not proven to warn the arrivals. From the back, her car was broken down, so it would contribute to the occurrence of the damage, while the driver of the vehicle demanded in his appeal to cancel the appealed judgment, and the judiciary to reject the plaintiff's requests while it exceeded 120 thousand dirhams, and take into account the 50% deduction of the injured person's contribution to the accident.

The Court of Appeal in Abu Dhabi decided to include the second and third appeals for the first, and explained in the merits of its ruling that the car owned by the plaintiff was parked due to a technical malfunction that had no hand in it, and the driver of the causing car had to be in a state of caution and caution if he drove his vehicle, indicating that the criminal judgment proved That he did not take into account the precaution and attention, and his boldness caused a clash with the plaintiff, because the saying of the contribution from the victim is independent of the papers, and the defense is moral to ignore him.

She emphasized that the injuries resulting from the accident would transfer the plaintiff to a body structure, and taking into account the grief that befell her as a result of her injury, the judgment, estimated at 600 thousand dirhams, is not commensurate with what happened to the appellant in the first appeal, and the court ruled to accept the appeals in form, and in the matter. As for the first appeal, amending the appealed judgment by obligating the appellant jointly to pay the appellant one million dirhams in material and moral compensation, and obligating them to pay expenses, and for the second and third appeals to reject them, and obligating each appellant to pay the expenses of his appeal.

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Court: injuries that resulted from the

incident , the

plaintiff refers to the

structure of

my body.

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