The Insurance Disputes Settlement Committee has a capacity of 140 thousand dirhams

An Asian asks 300,000 dirhams in compensation for a traffic accident

Dubai Civil supported the decision of the Insurance Disputes Settlement Committee.

Photography: Patrick Castillo

The Dubai Civil Court of First Instance rejected an appeal submitted by a person injured in a traffic accident, requesting that the value of compensation for the physical, moral and material damages he suffered as a result of the accident be raised to 300,000 dirhams, supporting the decision of the Insurance Disputes Settlement and Resolution Committee to compensate him in the amount of 140,000 dirhams.

The plaintiff said that the accident caused him severe physical damage, including permanent impairments in various parts of the body, and caused him to lose comfort, peace and psychological stability.

In detail, a 56-year-old resident (Asian) requested to raise the value of the compensation determined for him, on the basis of saying that the offending driver (Arab), aged 58, did not abide by traffic signs and rules of law and etiquette, as he drove his vehicle without caution. Attention, he entered the road without making sure that it was clear, and hit the victim's car, causing harm to his body.

The forensic report established that the plaintiff sustained an injury in the head that resulted in fractures of the forehead bones and bleeding in the brain, which is a permanent disability of 15%, and another permanent disability of 30% in the cheek, jaw, upper and roof of the throat, which causes him pain when chewing, as well as For other varying impairments in the eye and nose.

He pointed out that these injuries made him lose peace and peace of mind, and prevented him from practicing his life normally, in addition to the psychological pain he went through due to compromising his balance and bodily integrity, and prohibited him from satisfying his natural needs, and reinforced him a feeling of anguish, heartbreak and brokenness.

For its part, the Al Dhafra Misdemeanour Court ruled in absentia convicting the accused and sentencing him to a fine of 5000 dirhams, and suspension of his license for three months. Civil.

After examining the appeal, the court stated that it had established that the judgment issued against the offending driver was in absentia, and therefore has no validity before the civil court, which only recognizes final and final penal judgments, noting that in light of the lapse of the date for appealing the primary absentee penal judgment, without That the Public Prosecution or the accused driver appeal, or the judgment is executed, the civil court considered that this judgment is absolutely not valid, and it may conclude by itself the availability of the elements of responsibility, and the extent of the damage according to the papers submitted to it.

The court concluded that, according to what it has in the papers, the offending driver drove his vehicle without caution or attention, and did not make sure that the road was clear before entering, and that he was responsible for the accident.

Looking at the injured driver’s appeal and the insurance company’s memorandum, it concluded that the decision of the Insurance Disputes Settlement and Resolution Committee was reasoned enough, included legal and realistic elements, and ended up with a correct result that is sufficient to carry out its judgment, and leads to the result that it reached, and there is no violation of the law, which is the order With him, the Civil Court rejected the appeal and upheld the contested decision.

Follow our latest local and sports news and the latest political and economic developments via Google news