Ras Al Khaimah Court sentenced the driver of the car to imprisonment and a fine

A chase between a vehicle and a motorcycle ends in a crime on the highway

Ras Al Khaimah Court awarded 15,000 dirhams in compensation to the cyclist.

archival

A chase on a public road between a (Gulf Arab) vehicle driver and a (Gulf) motorbike driver ended in hitting the motorcyclist, attempting to kill him and fleeing from the place, according to the victim, as a result of a quarrel between them on the road, which led to the opening of A communication against the driver of the vehicle, and referring him to the Public Prosecution in Ras Al Khaimah, which charged the driver of the vehicle with assaulting the physical integrity of the victim, damaging his motorcycle, endangering his life, failing to comply with traffic signs, and driving a vehicle in a way that endangers the lives of others. The degree of imprisonment of the accused for three months and a fine of 20,000 dirhams for all charges, with a stay of execution of the prison sentence for a period of three years, and the verdict became final because he was not appealed.

The plaintiff filed a civil lawsuit to claim compensation, explaining that while he was driving his motorcycle, the defendant was driving his car, and a verbal altercation took place between them, and he was surprised by the defendant chasing him with his car, and he entered his vehicle against the course of the traffic, and hit him, confirming the attempt to kill him, and fled from the scene of the accident.

He explained that in view of the material and physical damage he suffered, the defendant is requested to oblige the defendant to pay him 35,000 dirhams in compensation for the value of his motorcycle, and 45,000 dirhams in compensation for material, moral and physical damages.

In the lawsuit, the defendant’s attorney demanded that the lawsuit be dismissed because compensation was not permissible because the damage and damages to the plaintiff’s bike had not been proven, following up on that the plaintiff refused to submit him to a medical examination to show the injuries he sustained, and that the lawsuit papers were devoid of a medical report diagnosing the injuries he claims, in addition It was not proven that he had filed a lawsuit for the damages to his bike, and there is no evidence to prove what condition it was in, and how it was after the accident in the absence of a technical report.

She explained that what the plaintiff had submitted was the result of the consumption of the bike, and requested that the plaintiff be referred to a medical committee, and an expert was delegated to inspect the motorcycle, and estimate the damages he claims.

It was stated in the rulings of a partial civil court, that the court is bound by the authority of the criminal judgment issued by the court of first instance, because it separated the act that constitutes the common basis between the criminal and civil lawsuit, and its separation was necessary from the evidence of the defendant’s mistake in committing the acts with which he was accused, and accordingly it is available The causal link between the error that the defendant committed and for which he was convicted, and the material and moral damage suffered by the plaintiff.

She indicated that the value included in the invoices could not be taken into account for its release, and its adoption as a conclusive argument because he did not pay the trust of the expertise authorized by the court on the truth of those damages and their value, and if they are in line with the invoices he made, and accordingly the court suffices with the value of the prescribed compensation as a material compensation .

The court ordered the defendant to pay the plaintiff 15,000 dirhams in compensation for the moral and material damages he had incurred, and obligated him to pay the lawsuit expenses and fees. 

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