Do not turn off the water while filling the tank

Driver drowns a private company with a hose and damages its equipment

The Ras Al Khaimah Court awarded the company 45,000 dirhams in material and moral compensation.

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The driver of a non-potable water tanker (Asian), caused the headquarters of a private company to sink, as a result of leaving the water hose designated to fill the tanks running without closing it, while he was at the headquarters of the contracting company in which he works, next to the damaged company, which led to water entering The headquarters of the neighboring company, and the destruction of contents and electrical and electronic devices at a value of 52,000 dirhams. The Ras Al Khaimah Partial Civil Court ruled to obligate the driver, the contracting company and the insurance company to pay the plaintiff 45,000 dirhams, compensation for material and moral damages, and a delayed interest of 6% from the date of the judgment becoming.

In detail, the plaintiff stated in the lawsuit papers that the driver (the first defendant) filled a water tank located behind its headquarters and belonged to the company (the second defendant) in which he works, and left the water hose until the tank was filled to the end without turning off the water, which led to the exit Khartoum from its place as a result of water pressure, and its deviation into its headquarters, causing the entire room to sink, damaging electrical and electronic devices, and inflicting material damage on it by losing equipment, devices and furniture worth 35 thousand and 770 dirhams, and incurring 6650 dirhams, the value of repairing the damage that occurred in its headquarters, in addition to Literary damages of 10 thousand dirhams for the harm she sustained as a result of damaging equipment and devices containing her accounting system and important data.

She explained that the water tank was insured by an insurance company (the third defendant), and requested that the defendants be jointly obligated to pay it 52,420 dirhams, the value of reparable compensation for material, moral and future damages, with a legal interest of 12% from the date of the ruling with fees, expenses and attorney fees. .

And the insurance company demanded that the case not be accepted, because it was filed other than the way set by the law, because it has nothing to do with the personal error committed by the driver, especially since the error has nothing to do with the vehicle you insure, but rather is the negligence of the perpetrator in doing his work, and has nothing to do with the insurance cover.

The claimant company stated that the insurance company is obligated to compensate for the damages it sustained, because the vehicle causing the accident is a water tanker, meaning that the insured risk also constitutes what occurs while the vehicle is filling or resupplying water, which the insurance company is obligated to compensate for. damages.

The operative part of the civil court ruling stated that the payment by the insurance company not to accept the case, for filing it in a way other than the way prescribed by the law, is contrary to the correct law and the court rejects it, because the claim for compensation was not limited to the insurance company, but rather included the culprit of the incident and the company in which he works.

She explained that the insurance company's failure to pay compensation, because the fault was on the driver, and not on the insured vehicle, is rejected by the court, because the unified insurance policy for water tank insurance confirms that the insurance company is responsible for compensation in accordance with the insurance contract.

She pointed out that the case papers were devoid of evidence that the plaintiff had lost his earnings as a result of the driver's error, which requires attention to her request to seek compensation for future damage because it has not been proven. She and the third defendant, the insurance company, must pay the plaintiff company 45,000 dirhams in compensation for its material and moral damages, and the delayed interest at the rate of 6% from the date of the judgment becoming due, expenses fees and attorney fees.

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