The “Abu Dhabi Appeal” upheld the ruling of the first instance

50 thousand dirhams in compensation for a woman who was beaten by her husband with a screwdriver. She lost her teeth

The Abu Dhabi Court of Appeal for Family and Civil and Administrative Cases upheld a first-degree ruling that obligated a man to pay 50,000 dirhams to his ex-wife, in compensation for assaulting her with a screwdriver during their marriage, as the assault resulted in a permanent disability represented in the loss of years.

In the details, a woman filed a lawsuit against her ex-husband, demanding that he pay her an amount of 300,000 dirhams in compensation for the material and moral damage, noting that he assaulted, beat and insulted her, and caused her the injuries shown in the medical report, and he was criminally convicted, and the Court of First Instance ruled to oblige the defendant To pay the plaintiff 50 thousand dirhams.

The appealed judgment was not accepted by the defendant, so he appealed to him, calling for the appealed judgment to be annulled, and to rule again that the case may not be heard due to the precedent of its decision in accordance with the criminal judgment, and to oblige the appellant against it to pay full fees and expenses, for the two levels of litigation, calling for the appealed judgment to violate the law, and the error in its application , as the appellant ordered compensation for her, and preceded the judiciary with the landlord under the penal ruling, and the civil lawsuit was rejected, indicating that the ruling violated the documents, which confirm the absence and interruption of the causal relationship between the commission of the act, and the occurrence of the result of the damage, due to the existence of marital differences between them, which the appellant exploited to obtain A medical report of the divorce for damage, which has already occurred.

The appealed judgment was also not fully accepted by the plaintiff, and she filed a cross-appeal, and sought to amend the appealed judgment by increasing and re-judging her requests before a court of first instance, and calling the appealed judgment a mistake in applying the law, for reasons that summed up that the compensation awarded was not commensurate with the material damages, In terms of the cost of treatment, the expenses spent, and the moral damages that she suffered from insulting her dignity and hurting her feelings in front of her family and children.

The Court of Appeal stated that the criminal ruling ruled that the defendant be punished for the charge of intentionally assaulting the integrity of the plaintiff’s body with his hands and a screwdriver, and the assault resulted in a permanent disability, which was the loss of years, which constituted a permanent disability with the benefit of the teeth by about 8% of their original nature. The plaintiff is entitled to the property valued at 16,000 dirhams, and then the criminal judgment has the authority of the final order, as it was decided before the civil court.

The court indicated that, according to the medical report, the woman suffered bruises on the arm, abrasions, scratches, and bleeding in the gums, in addition to the moral damage she suffered, represented in her feeling of humiliation, grief, heartbreak, and fear, which were not covered by the ruling imposed by the Criminal Court, which Accordingly, the respondent deserves a government of justice, and since the court of first instance was correct and agreed with this consideration, and estimated the value of compensation at 50 thousand dirhams, which this court deems proportional and covers all damages, and the court ruled to accept the two appeals in form, and to reject them in substance, and obligated each appellant to pay the expenses of his appeal .

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