“Ras Al Khaimah Misdemeanour” obliged him to pay 6000 dirhams in compensation

Pharmacist threatens to kill his colleague for causing trouble

The plaintiff demanded that the defendant be obligated to pay her 75,000 dirhams in compensation for the damage she suffered.

From the source

The director of a pharmacy of the nationality of an Arab country threatened to kill his colleague (Asian), after causing him problems, as he put it, which prompted her to file a report against him at the police station to be referred to the Public Prosecution in Ras Al Khaimah and from there to the Misdemeanors Court, which issued a ruling fined him 10,000 dirhams.

The plaintiff stated in the lawsuit papers that due to the material damage she had suffered by virtue of her work as a pharmacist due to the defendant’s threat to her and her eight-year-old son, she was dismissed from her job, her residency and her son’s residency was cancelled, and her son lost his studies and her family became unable to provide for her life necessities. .

She added that she was subjected to moral damage represented in her being insulted and feeling fear, depression and panic, in addition to that her son has become self-destructive and fears at every moment for her life and the life of her son, so she demands that the defendant pay her 75 thousand dirhams in compensation for the material and moral damage she suffered. fees, expenses and attorney's fees.

In the judgment of a partial civil court, it was established from the statements of the plaintiff and the testimony of one of the witnesses that the defendant told the latter that the plaintiff caused him many problems and that if she continued to create problems, he would terminate her and her son, intending to threaten her with death and threaten her son, and thus the judgment The penalty issued against the defendant has authority before a partial civil court and is bound by it as it decides on the common issue between the criminal and civil lawsuit.

She explained that the defendant's mistake was proven by threatening the plaintiff with committing a felony against her and her son, and consequently, the elements of tort liability were available from an error that was proven against the defendant and for which he was convicted under a final penal judgment and moral damage to the plaintiff's right.

She indicated that the plaintiff's request for compensation for the material damage caused to her due to the defendant's threat to her on the grounds that she lost her job and incurred expenses due to the cancellation of her residence and the residence of her son and the loss of her source of livelihood, the court considers that the plaintiff was unable to prove any causal relationship between what she claims of material harm and threat the defendant, and her claim lacks evidence and argument, and the court tends to reject it.

She added, as for the request for compensation for moral damage, it is undisputed that threatening the defendant with committing a felony against her would generate a feeling of fear and panic, and accordingly the court sees proof of the moral damage inflicted on her. What is more than that.

The court proved the moral damage to the plaintiff, and estimated the compensation due.

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