The court ordered compensation of 20,000 dirhams

A student broke his classmate's nose in a school fight

A student caused a classmate to suffer a broken nose bone during a quarrel between them inside the school, and a court of first instance ruled obligating the father of the abused child, in his capacity as a natural guardian of his son, to pay the father of the injured child an amount of 20,000 dirhams in compensation for the material and moral damages incurred by his son, while the Court of Appeal refused. Al Ain increased the amount of compensation and upheld the ruling of the first instance.

In detail, the guardian of a student filed a lawsuit against the father of a classmate of his son at school, requesting that he pay him 150,000 dirhams in compensation for the psychological and physical damage caused to his son, while obliging him to pay fees and expenses and in exchange for legal fees, indicating that the defendant’s son hit his son inside the school and caused He had an injury and nosebleeds, and he was criminally convicted for assaulting his son and handing him over to his guardian after the latter pledged to take good care of him and raise him in the future. His son, the plaintiff, suffered damages as a result of his beating and humiliation.

While the defendant submitted a memorandum in which he maintained that the plaintiff was not entitled to claim compensation because the report issued by a government hospital, contemporary to the accident, proved that the plaintiff's son was not suffering from any symptoms and demanded that the case be dismissed.

While the report of the forensic doctor assigned by the court showed that the medical condition of the student, with which he was referred to the hospital, was an injury to the nose that resulted in a simple linear fracture in the nasal bone, which was treated conservatively. And that the student's condition has stabilized without leaving a permanent partial disability.

The Court of First Instance ordered the defendant, in his capacity as a natural guardian of his son, to pay the plaintiff an amount of 20,000 dirhams and obliged him to pay the appropriate expenses, and rejected any other requests.

This judiciary did not gain approval from the plaintiff, so he challenged him, complaining that the appealed ruling violated the right of defense, in the failure of the first instance court to respond to his request to return the case for the expert to complete her assignment according to the recognized technical principles, demanding that the case be returned again to the previously assigned expert to carry out the task assigned to him.

In the merits of the ruling, the Court of Appeal stated that the Court of First Instance highlighted the elements of damage established by virtue of the criminal judgment and the report of the forensic doctor, who described the injuries sustained by the injured in an accurate, unambiguous and unambiguous description, and therefore does not affect what the appellant tried to stigmatize the report, and through which the judgment on which it was relied Hence, the request to return the case to the expert again remains useless, and the court ruled to uphold the appealed judgment and charge the appellant the fees and expenses of the appeal.

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