300,000 dirhams in compensation to the heirs of a young man who died in a traffic accident
The Ras Al Khaimah Civil Court of Appeal rejected the appeal submitted by an insurance company to the ruling issued by the Insurance Disputes Settlement and Resolution Committee, obligating it to pay the heirs of an Asian young man (his mother, wife and children), who died in a traffic accident by mistake, an amount of 300,000 dirhams in material and moral compensation, provided that It is distributed among the heirs, according to the legal shares, and it decided to uphold the appealed judgment and obligated the company to pay expenses and attorney fees.
The company stated in the lawsuit that the deceased's heirs are not entitled to any compensation, including in addition to the value of the blood money of their inheritance, which they had previously collected, due to the lack of legal basis for their claim for compensation for lack of legal validity and provenness, on the basis of saying that in cases where blood money or compensation is due, it is not permissible Combining either of them with compensation, and that the appealed judgment is excessive in estimating compensation.
In the judgment of the Court of Appeal, it was stated that what the company denies is not permissible to compensate the heirs again, after disbursing them the value of the compensation, it is misplaced, because what Article 299 of the Civil Transactions Law requires is that what is prohibited is the combination of legal blood money or compensation. And between compensation for what is inflicted on an injured person, as a result of the harm inflicted on him, and as for the compensation due to his heirs for the personal, material or moral harm that they suffer, due to the loss of their inheritance, it comes out of the scope of compensation that the legislator called it prohibited to combine it with blood money or compensation, and therefore it is permissible for the judge Combining the blood money owed to the heirs of the deceased, and the moral damages that may have occurred to their persons, and accordingly, the company’s obituary is unfounded.
She explained that the deceased was spending on his mother, wife and children, and with his death the mother, wife and children lost their source of livelihood, in addition to the moral damage they suffered, represented in the loss of the son, husband and father, and the death occurred suddenly after alienation in pursuit of livelihood for him and his family, and accordingly the ruling issued by The Dispute Resolution and Settlement Committee is sufficient to carry out its judgment, and it has a fixed origin in the papers, and in accordance with the Civil Transactions Law, since the law did not specify specific criteria for estimating compensation for material, moral and moral damages. The company, it is no more than an argument in the assessment of compensation that the court is independent of, which must reject the appeal, and confirm the appealed judgment, and accordingly the court decides to accept the appeal in form, and in the matter by rejecting it, supporting the appealed judgment and obligating the company to expenses and attorney fees.
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