60 thousand dirhams in compensation for a man who was insulted and his vehicle was seized
A civil appeals court in Ras Al Khaimah decided to amend the ruling of the first degree, which stipulated that a man (Asian) be compensated 5,000 dirhams for the damages he sustained as a result of the defendant (Asian) insulting and selling a vehicle, and handed over its value without transferring its ownership to him within the specified period, and ruled Increasing the amount of compensation to 60 thousand dirhams, to include the value of the vehicle 55 thousand dirhams, and the value of compensation awarded in the court of first instance at a value of 5000 dirhams.
The Public Prosecution in Ras Al Khaimah accused the defendant of insulting the plaintiff with words that offended his honor and his reputation, by phone and in the presence of others, and he did not notify the competent licensing authority of his transfer of ownership of the vehicle he sold to the plaintiff within 14 days from the date of its disposal.
In detail, the plaintiff filed a lawsuit in which he demanded to oblige the defendant to pay him 55 thousand dirhams, the value of a car that the defendant refused to hand over to him after purchasing it from him, and to pay him compensatory compensation for material and moral damages, as a result of his insulting, and forcing him to rent a car at 3000 dirhams per month, Where the Court of First Instance ruled to obligate the defendant to pay the plaintiff 5,000 dirhams in compensation for the moral damages he sustained.
The case papers indicated that the judgment of the first degree was not accepted by the plaintiff, so he appealed against him, and demanded an increase in the amount of compensation to the reparative limit for the damages, as the amount decided in the court of first degree is small, and is not commensurate with the damages inflicted on him, for reasons resulting from the error in the application Law, violation of the right of defense and corruption in inference.
The plaintiff stated that he purchased a vehicle from the defendant in installments, and paid the full fees for it, but the defendant did not transfer the ownership of the vehicle to him, and the defendant also insulted him in a manner that offends his honor and consideration.
In the judgment of the Court of Appeal, it was established from the criminal judgment that the defendant received from the plaintiff 55 thousand dirhams of the value of the sold vehicle, without notifying the licensing authority to dispose of the transfer of ownership to the plaintiff, and that this ruling resolved the issue of proving that the defendant had received the amount from the plaintiff. , and possesses authority and prevents the litigants from litigating in the existing lawsuit.
She added that it is decided that the estimation of compensation is one of the issues of reality in which the court is independent and that there is no control over it from the Court of Cassation as long as the estimation is based on the evidence established in the papers and its justifications.
The court clarified that it shares the court of first instance in its assessment of Jaber’s compensation for the moral damages incurred by the plaintiff, and therefore what he complained about the moral compensation was unfounded, and accordingly the court decided to accept the appeal in form and in substance, amending the appealed judgment, and making the amount res judicata 60 thousand dirhams.
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