He was referred to retirement early after he was blinded as a result of a traffic accident

1.4 million dirhams in compensation to a citizen for the difference in retirement salary

A partial civil court in the courts of Ras Al Khaimah has ruled that an insurance company, who is defendant, must pay to the plaintiff a 30-year-old citizen, one million 482 thousand and 549 dirhams, to compensate him for the value of the difference in salaries, for a period of 18 years, against the background of his retirement from his employer After his complete blindness, inability to move, and a fractured skull, after his vehicle collided with a truck on the Al-Shuhada Street in Ras Al-Khaimah.

In detail, the case papers clarified that the plaintiff collided while driving his vehicle on Al-Shuhada Street in Ras Al-Khaimah, with a truck traveling in front of him, after he was unable to pass it, which resulted in a fracture of the skull and facial bones, a tear and laceration of the right eye, a fracture of the right thigh and a trauma to the brain And his loss of consciousness and perception, and the inability to move, until he reached his condition due to total blindness and exposure to a bad psychological state, according to medical reports.

In a lawsuit newspaper, the plaintiff demanded that the defendant pay him one million 482 thousand and 549 dirhams, the difference in salaries, after referring him to retirement.

He pointed out that he was referred to retirement due to his lack of physical and health fitness, as he used to receive a monthly salary of 19 thousand and 585 dirhams, and he now receives a pension of 11 thousand and 750 dirhams, in addition to a two-year retirement compensation, the amount of 9950 dirhams, according to the expert delegated by the court, The estimated retirement age for the plaintiff is 50 years, and that the period between the date of his retirement at the age of fifty is 18 years, three months and 21 days, and the expert estimated the value of the salary that the defendant would receive if he continued on it exceeding one million and 482 thousand dirhams, and that the difference changes If the retirement age is more than 50 years.

The reasons for the ruling stated that the plaintiff suffered a material loss represented in not benefiting from his full salaries during the period following his commission of the accident, from the date of his retirement to the legal retirement age of 50 years, as his vehicle is insured by the defendant, and that what he was subjected to is a traffic accident. It is considered as a serious material damage and it is an inevitable and certain future damage, because it left a significant impact on his financial liability from his dues and salaries that he would have obtained if he remained direct to his work until retirement age, and which the defendant did not dispute, and he has the right to request compensation for the aforementioned damage As a result of a traffic accident he committed with his car, which was insured by the defendant's insurance company.

The court clarified that it was found from the insurance policy that it includes the personal accident coverage of the insured, pointing out that the defendant held that the insurance policy was free of compensation for future damage, and that he paid out of his way, because the contract is the Sharia of the contracting parties, and that what the parties have agreed upon takes the place of law.

Accordingly, the court obliges the defendant to pay the plaintiff, one million 482 thousand and 549 dirhams, in compensation to him for the value of the salary difference, and obligated her with fees, expenses and attorneys' fees

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