The court obliged the driver and an insurance company to pay 130 thousand dirhams in compensation to the heirs

A worker dies after being run over while praying behind a running truck

The court confirmed that the accident committed by the driver was of a traffic character.

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The Ras Al Khaimah Partial Civil Court ruled obligating a truck driver and an insurance company to pay the heirs of an (Asian) worker 100,000 dirhams in compensation for the moral damage they sustained as a result of the worker’s death being run over while he was standing to pray behind the truck while it was in operation, and also obligated the defendants to pay the victim’s wife As a custodian of her minor son, 30,000 dirhams in compensation for the material damage they sustained as a result of her husband's death, she refused any requests that exceeded that, and obligated the two defendants to pay fees and expenses.

In detail, the heirs of a worker filed a lawsuit in which they stated that a truck driver committed a traffic accident while driving the insured truck with the insurance company and caused the death of their legator.

They added that in view of the material and moral damage they suffered due to the loss of their inheritance, given that he was their only breadwinner, his widow does not work and her young son is still in school, and that the grief and pain they felt as a result of the death of their legator, they demand that the defendants be obligated to pay them 200 thousand dirhams in compensation for the physical and moral damage they have suffered.

The insurance company’s agent confirmed that the plaintiffs did not deserve compensation because the accident occurred outside the road, which was approved by the witnesses present at the scene of the accident, because it is a workplace prepared for loading and unloading, contrary to the concept of the road that is defined according to the insurance policy. By praying behind a running truck, it is therefore permissible, pursuant to Article 290 of the Civil Transactions Law, to reduce the amount of the guarantee.

She added that the plaintiffs were unable to prove the material income of their bequeather and the evidence that he had sent sums of money to his family, and they had previously received blood money, which is sufficient to compensate them for the damage they suffered.

The heir's agent stated that the place where the accident occurred is a road and that their inheritor did not make a mistake, and that the cause of the accident was due to the fault of the truck driver, and that the heirs of the victim did not have a source of livelihood after his death, and that the damage they sustained was outside the scope of the legal blood money coverage.

The reasoning of the partial civil court ruling stated that the court proved the driver’s conviction for causing the worker’s death by mistake for not paying attention while driving the truck, and the court considers that what the insurance company’s agent raised about the plaintiffs’ lack of entitlement to compensation is not in his way, because the accident committed by the driver has a traffic character.

She explained that the widow of the victim, in her capacity as a guardian for her minor son, has the right to demand compensation for the material damage they suffered, estimated by the court at a value of 30 thousand dirhams, pointing out that the victim's family generates a feeling of sadness and regret for the loss of the father and his sympathy and the loss of the husband for the plaintiff, and accordingly the court appreciates compensation for The moral damage amounted to 100,000 dirhams, and accordingly it required the defendants, a truck driver and the insurance company, to pay the heirs of the victim 100,000 dirhams in compensation for the moral damage they sustained as a result of the death of their legator, and obligated them to pay the victim’s wife, as a guardian of her minor son, 30,000 dirhams in compensation. For the material damage they sustained as a result of her husband’s death, and the requests in excess of that were rejected, and the defendants were obligated to pay fees and expenses.

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