“Dubai Civil” awarded him a compensation of 200 thousand dirhams

Driver runs over his colleague in his sleep

The «criminal» indicted three defendants in the case.

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A driver ran over his colleague inside the headquarters of the company in which they work while the latter was sleeping, causing him to suffer a permanent disability of 30%.

The Dubai Criminal Court convicted three defendants in the criminal case: the first is a labor supervisor, the second is a forklift supervisor, and the third is a security and safety official, after it was proven that they had violated what is imposed on them by the assets of their job and profession, and sentenced them to a fine.

While the Civil Court of First Instance ruled to oblige the company to pay compensation of 400,000 dirhams in favor of the injured worker, but the company appealed the ruling and it was amended by the Court of Appeal to 200,000 dirhams.

In its ruling, the Criminal Court stated that the defendants violated their duties by allowing the company’s workers to rest and sleep in dangerous workplaces that overlap with the lanes of vehicles and mechanisms inside them, in addition to allowing the operation of a mechanism by an operator that is not approved or qualified by a specialized company approved by The municipality, in addition to the absence of a technical inspection certificate for the crane, or to ensure that the area is free of people before the driver returns with the crane to the rear, and the absence of barriers separating the movements of mechanisms and workers inside the work site.

The incident indicated that the second defendant in the lawsuit was driving the crane backwards without making sure that the place was vacant, knowing that it was impossible for any people to be present in this area, which led to run over the victim, causing him to sustain a permanent disability of 30%.

The victim said in the investigations of the Public Prosecution that he fell asleep during the time allotted for a break in the corridor leading to the dining room on a piece of paper and while moving he was run over.

For its part, after considering the documents and the municipality report, and the testimony of the victim and the accused who denied the charge, the Dubai Criminal Court imposed a fine of 10,000 dirhams each.

In addition, the victim filed a lawsuit before the Dubai Civil Court against the company, based on the criminal judgment against the defendants and a medical report confirming that his disability had become permanent, resulting in continuous limp, and demanded that the company pay him an amount of 500,000 dirhams.

While the defendant company argued that the civil court had no jurisdiction to consider the case as it was an employment relationship, and that the victim was injured during work time, but the Court of First Instance rejected this payment, because the injury resulted from actions belonging to the company and not a work injury.

It stated that the incident was previously decided by the Criminal Court with an authoritative and binding judgment before the Civil Court, and ended with obligating the company to pay compensation of 400,000 dirhams in favor of the claimant worker.

For its part, the company appealed against the ruling before the Civil Court of Appeal, and the worker also appealed, demanding 500,000 dirhams, but the Court of Appeal rejected his appeal on the merits, while the company considered the appeal and decided to amend the ruling to become compensation of 200,000 dirhams instead of 400,000 dirhams.

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