The “appeal” upheld the verdict

100,000 dirhams in compensation for messages containing insulting “ethnic” terms

The accused directed insults at the victim in a text message.

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The Court of Appeal upheld a ruling of the Abu Dhabi Court for Family and Civil and Administrative Claims, which obligated a young man to pay the last amount of 100,000 dirhams in compensation for the moral damage he sustained as a result of sending messages containing insulting words to the plaintiff and his wife, and it is a form of discrimination on the basis of race, and the court ruled rejecting the appeal submitted by the defendant.

The details of the case refer to a man filing a lawsuit against a young resident, in which he asked to oblige him to pay him an amount of 400,000 dirhams as material and moral compensation and to oblige him to pay fees and expenses and in return for fees, noting that the defendant slandered him with his color and race, as he insulted, slandered and threw his wife through phone messages, He was convicted under a penal verdict.

The Court of First Instance ruled to obligate the defendant to pay the plaintiff 100,000 dirhams in compensation for the moral damages he sustained, noting that it based its ruling on the fact that the criminal ruling was established that the defendant was referred to the criminal trial on several charges, including “creating a form of discrimination on the basis of race.” and colour.” That is, by calibrating the victim (the plaintiff) with his race and color, by sending him text messages bearing the expressions of calibration.

He was also referred for the accusation of throwing the victim (the plaintiff) with the insulting words shown in the papers, which harm his honor and offend his family's reputation, and he was convicted of these charges and the conviction was confirmed.

The court indicated that it was clear from the case papers that this error was the reason for the damages to the plaintiff, and the illegal act on the basis of which the criminal case was filed was the same on which the civil lawsuit was filed, and that act resulted in moral damages to the plaintiff, represented by: He was saddened and heartbroken because of what the defendant had done.

The court rejected the plaintiff’s request for compensation for material damages, noting that the decision is that the guarantee is estimated by the damage incurred by the victim, and the loss of earnings, provided that this was a natural result of the harmful act, and the lawsuit papers were devoid of any evidence that the plaintiff had sustained material damages. .

The defendant was not satisfied with this judiciary, so he instituted his appeal, demanding the annulment of the appealed judgment and the judiciary again by rejecting the case, and obligating the respondent to pay expenses and in return for attorneys’ fees and to include the judgment with expedited enforcement, and without bail. Not with the intention of offending the respondent, and that the value of compensation is exaggerated, and that the appellant has difficult financial conditions, and that the respondent did not suffer any damages as a result of the appellant's mistake.

For its part, the Court of Appeal indicated in the merits of its judgment that the appealed judgment was not appropriate for the amount of damages caused to the appellee, and that the damage required for compensation was misplaced, because moral damage is everything that affects dignity, feeling or honor, including Psychological pain - and it does not represent a financial loss - and compensation for it is not intended to erase this damage and remove it from existence, because it is a type of damage that cannot be erased and is not eliminated by material compensation, but it is intended for the injured person to create for himself a substitute for what he suffered, noting that the amount decided as compensation for the appellant against him is appropriate for the psychological damage he suffered as a result of the appellant’s calibration of his race and color and sending him expressions of racial discrimination. She shares what she ended up with and supports her ruling.

• The “court” affirmed that the guarantee is estimated for the damage caused to the victim and the loss of earnings, provided that this is a natural result of the harmful act.

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