“Partial Civil Ras Al Khaimah” obligated the insurance company and the driver who caused the accident to pay his debts to the plaintiff

63 thousand dirhams in compensation for a person injured in a collision

The judge may reduce the amount of the guarantee if the aggrieved party participated in causing the damage.

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The Ras Al Khaimah Partial Civil Court ruled that a driver who caused a traffic accident and his insurance company pay 63,000 dirhams to the victim of the accident in compensation for the material and moral damage he sustained, and obligated them to pay the lawsuit expenses and attorney fees.

In detail, the plaintiff filed a lawsuit in which he stated that while he was on Al Fila Street in the Emirate of Ras Al Khaimah, the second defendant who caused the accident hit him with his vehicle insured by the first defendant's insurance company, while driving his motorcycle, and this was as a result of his negligence and lack of attention while he was going back what happened He had injuries, as a result of which he was transferred to the hospital and underwent surgeries, which resulted in difficulty in moving, and not performing his work normally if he was working as a car mechanic and became bedridden.

He explained that he incurred large sums of money in his treatment as a result of the injuries he sustained, and asked the insurance company to pay him compensation in all friendly ways, but it did not accept, which prompted him to file a lawsuit to claim compensation for material and moral damages.

In the judgment, the defense of the second defendant who caused the accident insisted on removing him from the case, given that the insurance company, as insurer for his car, bears the compensation. He has the right to claim compensation for the material and moral damage he sustained as a result of the harmful act he committed, and therefore he cannot argue that the insurance company replaces him in compensation, and that the payment he aroused is in a way that is not in his way and the court is free to reject it.

She explained that there is no doubt that the material damage suffered by the victim from the accident is fixed and represented in his permanent disability estimated by the forensic doctor at 25%, in addition to the expenses he made of treatment and medication, and he had submitted invoices to prove it, and stopped his work throughout the treatment period, and accordingly the court considers The plaintiff requested financial compensation for him on his way. As for moral compensation, the court considers that the aggrieved party has suffered pain represented in his feelings of sadness, regret and suffering as a result of the injuries he sustained, and the hospital obligated him to undergo an operation.

She pointed out that the moral damage inflicted on him is fixed, and that damage, like the material damage, was the result of the fault of the second defendant who caused the accident. Driving his motorcycle without a license and not paying attention while driving it.She explained that the responsibility for the accident is divided equally, in accordance with the Civil Transactions Law, which stipulates that the judge may reduce the amount of the guarantee or not rule on a guarantee, if the aggrieved party participated in causing the damage or increased it, as the court took into account the contribution of the plaintiff in the accident. He was subjected to and the resulting injuries, and accordingly the court estimates compensation for him for the material damage he sustained at a value of 58 thousand dirhams, and also estimates compensation for moral damage at a value of 15 thousand, and accordingly the defendants are obligated jointly between them to pay the plaintiff 63 thousand dirhams in compensation for what he sustained and obligated them to expenses and attorney fees.

• The victim of the accident suffered a permanent disability estimated by the forensic doctor by 25%.

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