“The road is closed” causes the death of a young man and the injury of his mother

The negligence of two workers in placing signs warning that the road is closed due to repair work led to an accident that a vehicle collided with the concrete barrier placed in the middle of the road, resulting in the death of a young man, the “vehicle driver,” and his mother’s severe injuries, leaving a permanent disability.

In the details, the heirs of a young man who died in an accident filed a lawsuit before the Abu Dhabi Family Court and for civil and administrative cases, in which they demanded to obligate the defendants to jointly and unite among themselves by paying them, each according to his legal share, an amount of 2 million and 200 thousand dirhams in compensation for the material and moral damages incurred by them. The blood money of their legitimate legacies ruled under a final penal judgment, and by obligating the defendants to jointly pay the second plaintiff an amount of 300,000 dirhams in compensation for the material and moral damages she sustained, including the compensation for the permanent disability sentenced under the final penal judgment, noting that their legatee was leading A four-wheel drive car on Al-Ruwais Road, and the road was closed with a barrier that called me, and because there were no signs or signals to warn of the presence of the barrier, it collided with the concrete barrier, which led to the car swerving to the right and colliding with a barrier on the right of the street.The second plaintiff, who was accompanying him with severe injuries that left a permanent disability.

The plaintiffs indicated that the first and second defendants affiliated to the third defendant, a "transport company" and the fourth, "a articles company," were the ones who caused the death of the plaintiffs' legator and the injury of his mother, the second plaintiff. Incorrectly, it poses a danger to road users, and they did not put appropriate warning signs, which led to the accident. The first and second defendants were convicted and each fined 4,000 dirhams and obligated them to pay the legal blood money to the people of the deceased 200 thousand dirhams jointly between them, and obligated them to pay In solidarity with the second plaintiff, an amount of 80,000 dirhams for the permanent disability incurred by her.

The plaintiffs pointed out that the first defendant works for the third defendant and is affiliated with her, and the second defendant works for the fourth defendant and is affiliated with her, and both of them committed the mistake that caused the occurrence of the accident that caused the death of the plaintiffs’ legator, with whom the third and fourth defendants are liable under the responsibility In addition to the fact that the car that committed the accident is comprehensively insured by the fifth defendant, an “insurance company” and therefore is responsible for compensating the plaintiffs for the death of their legator.

The plaintiffs asserted that they had suffered serious material and moral damage as a result of the death of their legator, as his parents were dependent on their care, doing their affairs and spending on them, and they lost the security and safety that he would have provided for them in their old age, and they also lost the income that he was spending on them from, while the third plaintiff, "the wife of the deceased", was seriously damaged. It was the loss of the only breadwinner for her and her young child, and she became without a breadwinner to support her and her young, and she became a widow and lost the source of her bond, while the son of the plaintiff’s inheritor will suffer the bitterness of orphanhood because he lost his only family, in addition to all of them suffering material and psychological damage represented in great sadness, anxiety, anguish and heartbreak over the loss of their inheritance .

During the consideration of the case, the present submitted on behalf of the plaintiffs a memorandum stating that the plaintiffs did not receive any part of the amount of blood money and the indemnity awarded in the criminal case, while the fifth defendant, “Insurance Company,” submitted a memorandum that included a plea that the suit was not accepted to file a case other than the way established by law for the plaintiffs to file the suit Before submitting the dispute to the Insurance Disputes Settlement Committee, it also included a plea that the case was not accepted regarding the second plaintiff’s request to compensate the minor for not following the path set by the law for not taking permission from the competent court before filing the case.

For its part, the Abu Dhabi Court for Family and Civil and Administrative Claims clarified in its ruling that the error in which the first and second defendants were convicted is the same error on which the plaintiffs relied in filing their present case, and that the penal judgment confirmed that the first defendant works for the third defendant, as well. The second defendant works for the fourth defendant, and it was proven in the papers that the accident occurred while they were working and because of their job, noting that the third and fourth defendants are responsible for the harmful act of the second and third defendants, which led to the death of the plaintiffs’ inheritor and the injury of the second plaintiff, as they are subordinate They have according to the theory of the subordinate’s responsibility for the actions of his subordinate, as stipulated in the Civil Transactions Law.

She pointed out that what is proven in the papers is that the car causing the accident is insured by the fifth defendant, the "insurance company," comprehensive insurance under an insurance policy valid at the time of the accident, with which the fifth defendant's responsibility for the damages sustained by the plaintiffs is realized.

The court ruled to oblige the defendants to pay the plaintiffs jointly and jointly with each other the legal blood money decided in the penal judgment, which is 200,000 dirhams, distributed among them according to the legal shares of each of them, and to pay the third plaintiff on behalf of herself and in her capacity as a will for her minor son an amount of 400,000 dirhams, Jaber compensation for material damages. and to distribute them equally, and by obligating the defendants to jointly and severally pay the second plaintiff, the “injured mother,” an amount of 80,000 dirhams for the permanent disability incurred by the judge in the penal case, and by obligating them to give the second plaintiff a compensation of Jaber for the moral damage she sustained. The amount of 50 thousand dirhams, and obligating the defendants to pay the fees and expenses of the original lawsuit in solidarity and solidarity among them, and rejecting all other requests.

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