The driver acted recklessly.. and the victim was permanently disabled

400,000 dirhams in compensation for a girl who was run over

The child's father appealed the decision of the "Insurance Dispute Resolution" committee, demanding that the insurance company increase the amount of compensation.

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The Dubai Civil Court upheld the decision of the Insurance Disputes Settlement and Resolution Committee to oblige an insurance company to pay an amount of 400,000 dirhams for the benefit of a ten-year-old girl who was hit by a run-over accident that resulted in severe injuries that included a permanent chest defect and complete spleen disability, in addition to other severe injuries.

In detail, the father of the child victim of the run-over accident appealed the decision of the Insurance Disputes Settlement Committee, demanding that the car insurance company increase the amount of compensation to 500,000 dirhams, on the basis of saying that in May of last year his daughter was run over in an accident that occurred in the Emirate of Fujairah, As a result of a mistake committed by the driver of the vehicle due to recklessness, negligence and violating the law.

The Public Prosecution charged him with not complying with traffic signs, not driving with caution and attention, and mistakenly compromising the safety of a human body, and ordered his referral to the Fujairah Traffic Court, which convicted him and sentenced him to a fine.

In light of his conviction with a final penal ruling, the girl’s father, as her legal guardian, resorted to the civil court based on the ruling and the forensic report, which stated that the ten-year-old girl had suffered severe injuries as a result of the accident, including an injury to the forehead and another to the lungs, resulting in permanent disability of 20% In the total capacity of the chest, in addition to an injury to the abdomen that caused internal bleeding and a complete laceration of the spleen that necessitated its removal, which is considered a permanent disability of 100%, and a traumatic injury to the left kidney.

In his lawsuit, the father stated that the incident caused his daughter's double psychological disturbances, including fear and anxiety, and the injuries she suffered had caused her to lose peace, tranquility and peace of mind and prevented her from practicing her life normally, in addition to her family's feeling of distress and heartbreak.

After examining the case, the Civil Court of First Instance ruled to reject the application and uphold the decision of the Insurance Disputes Settlement Committee.

For his part, the girl's father appealed the primary ruling before the Court of Appeal on the grounds that the appealed ruling was unfair to his daughter's rights, and did not estimate compensation commensurate with the damages she sustained, while the legal agent of the insurance company demanded to reject the appeal and uphold the appealed ruling.

After examining the case, the Court of Appeal concluded that what is established from the decision of the Insurance Disputes Settlement and Resolution Committee is that the committee faced the factual and legal elements of the dispute, and therefore the court considers that the compensation that the committee concluded is appropriate for the material, physical and moral damages incurred by the appellant.

• The forensic report stated that the girl was seriously injured as a result of the accident.

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