Two students beat their colleague, and the court ordered their parents to pay 40,000 dirhams in compensation

The Abu Dhabi Family Court and the Civil and Administrative Litigation, ordered the parents of the Taliban who beat their colleague to pay the student and his father 40,000 dirhams in compensation for the moral and material damages they sustained.

In the details, the guardian of a student filed a lawsuit against the guardian of the Taliban from his son’s colleagues, in which he demanded to oblige the defendants in their capacity to pay him in person and in his capacity an amount of 200 thousand dirhams as material and moral compensation and oblige them to pay expenses and in return for fees, pointing out that the two defendants’ sons assaulted his son and it was issued against them A penal verdict of conviction.

For its part, the court clarified that, according to the Code of Criminal Procedure, the judgment issued in criminal matters has authority in the civil lawsuit before the civil courts whenever it has made a necessary chapter in the occurrence of the act constituting the common basis between the criminal and civil lawsuits and in the legal description of this act and its attribution to its perpetrator. The evidence of the penal judgment is the conviction of the two defendants’ minor sons for the charge of assaulting the integrity of the plaintiff’s son’s body, and the penal judgment has the authority of the res judicata in what it was decided before the civil court, and it is not permissible to re-examine the elements of responsibility, and then the element of error has been available before the two sons of the plaintiff. They are both minors, and it has been definitively proven that they are entitled

The court pointed out that it is established that this error is the reason for the damages to the plaintiff in his person and in his capacity, and the illegal act on the basis of which the criminal case was filed was the same one on whose basis the civil case was filed, and then this court adheres to the proof of the error and attributed it to the perpetrator and it is forbidden to violate it or repeat it His research, what makes the elements of responsibility of error and damage and a causal relationship have been available in the right of the defendants, as they are responsible for the control of their minor sons.

She pointed out that the evidence from the penal ruling is that the son of the first defendant beat the son of the plaintiff with a nail clipper, which caused a stab wound to the left of the chest. Pain due to the defendants’ mistake, the court considers that the compensation of the plaintiff in his capacity for all material and moral damages is sufficient in the amount of 30 thousand dirhams. .

The court pointed out that the plaintiff’s request in person for moral compensation is justified, as the mistake of the two defendants’ sons is proven, and that error resulted in moral damages to the plaintiff’s person, represented by oppression and the feeling of weakness that he experienced when examining his abused son, and then the court estimates the compensation of the plaintiff in person in an amount 10 thousand dirhams as moral compensation, the court obliges the first defendant in his capacity to pay an amount of 8 thousand dirhams, and obliges the second defendant, in his capacity, to pay the remaining two thousand dirhams.

The court ruled, obligating the first defendant, in his capacity, to pay the plaintiff in person and in his capacity an amount of 28 thousand dirhams, and obligating the second defendant, in his capacity, to pay the plaintiff in person and in his capacity an amount of 12,000 dirhams, in addition to obligating the two defendants in their capacity to pay expenses, fees, and attorney fees, and it rejected other requests.

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