The “appeal” obligated the culprit and the insurance company to pay it to the heirs

Compensation for the family of an Asian who died in a traffic accident with 120 thousand dirhams

The Ras Al Khaimah Civil Court of Appeals decided to amend the ruling issued by the Court of First Instance, compensating the heirs of a deceased person in a traffic accident with 90,000 dirhams, and ordered that the amount of compensation awarded be 120,000 dirhams, and obligated the cause of the accident and the insurance company to pay it to the heirs of the deceased.

In detail, a (Gulf) driver caused the death of the victim (Asian), as a result of entering the road without making sure that it was free of vehicles, which led to the traffic accident, and the victim was seriously injured, which later led to his death.

The Court of First Instance ruled to oblige the appellant to pay the appellants 90,000 dirhams as moral and material compensation, and legal interest at 9% from the date of the judgment rendering until full payment. However, the judgment was not accepted by the appellants (his mother, wife and daughter), so they appealed against him, demanding amending the appealed judgment, and increasing the compensation to the redress limit for the damages, based on an error in applying the law, a breach of the right of defense, and a violation of the documents established.

They explained that the material and moral compensation is small, and is not commensurate with the damages incurred by them, and they held that the death of their bequeathed missed the opportunity for them to win his sympathy and care for them, as they have no breadwinner other than them, which is defective of the ruling issued by the first degree.

A civil appeals court confirmed that it is decided that if the opportunity is a probable matter, then missing it is a certain matter, and there is no legal objection to counting in the lost profit, what the victim hoped to obtain from the gain, as long as this hope has acceptable reasons, and since the appellants’ request for compensation was As for the lost earnings, it is based on the claim that the death of their bequeathed missed the opportunity to gain his sympathy, affection and care for them, especially since his mother is advanced in age, and she has no breadwinner, and his wife and daughter have no one else, and they hoped to spend on them.

She added that this hope had reasonable reasons, especially that their benefactor was working and receiving a wage from his work, and that he was in the prime of his life, and that he was their only breadwinner.

And she added that he must judge them with compensation, and if the appealed judgment violates this consideration, it is defective, because the court and its authority to estimate compensation for missing the opportunity to earn, it takes into account, and it determines the amount of compensation, that the legator had completed 35 years of his age, and that the possibilities of extending his gift up to another 20 years, as he was supporting his mother, wife and daughter, and therefore the court estimates compensation for material damage at a value of 80,000 dirhams, taking into account the contribution of the appellants’ legator to the error.

She explained that with regard to the request for compensation for moral damage, it is appropriate, and that it is decided in the Court of Cassation that if the Court of Appeal has the full authority to assess compensation for moral damage, the assessment must be equivalent to the damage, and that the court's deduction of the elements of the damage is abstract. Justifiable, as the judgment of the first degree arbitrarily estimated the moral compensation at 30 thousand dirhams, without taking into account the gravity of the accident, its circumstances, and the amount of grief that befell the bequeathers, as a result of the loss of the son and husband in the prime of life.

She pointed out that the court estimates the compensation for moral damage at a value of 40 thousand dirhams, and accordingly the court decides to amend the appealed judgment, and to make the amount awarded 80 thousand dirhams moral and material compensation, and support otherwise, and obligated the appellants to pay expenses.

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