The prosecution absolved him of legal responsibility

A mentally ill driver causes a collision... and a legal dispute over "compensation"

The District Court rejected the appeals of the aggrieved party and the insurance company.

Photography: Patrick Castillo

A truck driver caused a traffic accident in the Emirate of Sharjah, which resulted in the driver of a light vehicle being seriously injured, and later it was found that the truck driver suffers from a mental disorder, according to which he was exempted from legal responsibility, leaving the accident victim and the insurance company who insured the truck in a legal dispute over the amount of compensation that he was awarded In favor of the latter, and he was not accepted by him, which is 10,000 dirhams, and the company's insistence on its part that it is not responsible for the actions of the causing driver after his mental disorder was proven and he was placed in one of the clinics.

In detail, the Dubai Court of First Instance considered a case in which an (Arab) person submitted a request to amend a decision issued by the Insurance Dispute Resolution Committee to grant him compensation of 10 thousand dirhams for material, psychological and physical damage he sustained as a result of a traffic accident caused by the driver of a truck insured with the defendant insurance company. , requesting to pay him 100,000 dirhams and legal interest at the rate of 9% from the date of the claim.

The plaintiff said that he was involved in a traffic accident by the truck while he was in the Emirate of Sharjah, and he sustained serious injuries, as a result of which he was transferred to two hospitals for treatment. The incident was referred to the Insurance Disputes Settlement and Settlement Committee, which ruled in favor of the aggrieved party at a sum of 10,000 dirhams.

The plaintiff driver added in the memorandum of appeal against the committee’s decision that the amount awarded was not commensurate with the material damage he sustained, represented by his injury and having to stay at home for six months during which he was unable to perform his duties, in addition to losing his watch and smashing his glasses and phone, and the value of these items exceeds 10,000 He also provided copies of medical and treatment reports and pictures of his car, which was badly damaged in the accident.

For its part, the insurance company submitted a memorandum requesting the rejection of the case while obligating the appellant to pay the fees, and even appealed against the decision of the Insurance Disputes Settlement and Resolution Committee, on the basis of saying that it was not responsible for the damage in light of the fact that the offender was mentally ill at the time of the accident due to mental illness, and the prosecution pardoned him. The general public from criminal accountability, and he has been placed in a therapeutic hospital to complete his recovery, and thus is not entitled to claim compensation.

After considering both appeals by the Dubai Civil Court, it decided to accept them in form and reject them in substance, and obligated each appellant to pay the costs of his appeal.

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