Prosecutors resorted to court after 7 years of the incident

Rejection of a claim to compensate the heirs of a deceased person in a collision.. for the passage of time

The criminal verdict was issued in 2015. Emirates Today

The Abu Dhabi Family, Civil and Administrative Claims Court decided to reject a claim to compensate the heirs of a deceased person in a collision, after seven years had passed since the accident, and decided not to hear the case due to the passage of time.

In the details, the heirs of the deceased filed a lawsuit against the cause of the death of their inheritance, asking at the end of it to oblige him to pay them an amount of 500,000 dirhams as compensatory compensation for the material and moral damage they suffered, and the legal interest at 12% annually from the date of the claim until full payment, with obligating him to pay fees. and expenses and in return for attorneys’ fees, noting that while their father was in his vehicle and it was in a state of final standing, and due to the defendant’s negligence, lack of caution and violation of the traffic law while driving the vehicle, he collided with the first vehicle, which caused the death, and he was criminally convicted for the charge of causing death The plaintiffs bequeathed by mistake and punished with imprisonment for a period of three months, in connection with other charges.

As a result of their death, they were left with material and moral damages, while the defendant submitted a reply memorandum in which he pleaded not to hear the case due to the passage of time, and submitted a portfolio of documents.

For its part, the court stated, in the merits of its ruling, that the defendant pleaded not to hear the case due to the passage of time, in accordance with Article 298 of the Civil Transactions Law, which states that the security claim arising from the harmful act shall not be heard after the lapse of three years from the day the injured party became aware The fact that the damage occurred and who is responsible for it, pointing out that it is established from the penal judgment papers that it was issued in 2015 in his presence convicting the defendant of wrongly causing the death of the plaintiffs’ legator and punishing him with three months’ imprisonment, for his association with other crimes, and he was not appealed, and this judgment became final and final.

The plaintiffs had filed a lawsuit before the inheritance court in Abu Dhabi, and the judgment was issued in January 2016. The defendant's payment shall be based on a factual and legal basis.

The court ruled not to hear the case due to the passage of time.

Abu Dhabi Court: “A warranty claim arising from a harmful act shall not be heard after the lapse of three years from the day the injured party became aware of the occurrence of the damage.”

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