The Ras Al Khaimah Partial Civil Court of Appeal decided to amend the ruling of the Court of First Instance, which judged to compensate an injured person in a traffic accident at 340,000 dirhams, and decided to reduce the amount to 225,212 dirhams, equally between the defendant driver who caused the accident and the insurance company insured with the vehicle, and obligated them to pay expenses and attorney fees. .
In detail, the case papers stated that the driver, by mistake while driving his vehicle, collided in the back with a private car that was driving behind the plaintiff, and secured his way while he was riding his bicycle, which led to its collision with the plaintiff, and his injury – according to the medical report – with a fracture in the third paragraph, and erectile dysfunction. He demanded that the defendant and the insured insurance company pay him one million dirhams in compensation for the damages he sustained.
The Court of First Instance ruled to oblige the person responsible for the accident and the insured company to pay him 340,000 dirhams in compensation for material and moral damages. However, the insurance company was not satisfied with the ruling, so it lodged its appeal before a partial civil appeals court, and demanded the annulment of the appealed ruling, and the court not accepting the case. To lift it by other than the path established by law, and the judiciary to cancel the judgment and reduce the compensation, on the basis that the appealed judgment was marred by error in the application of the law, breach of the right of defense, and corruption in reasoning. The reasons for the partial civil appeals court ruling stated that the insurance company’s awareness that the case would not be accepted for filing in a manner other than the way prescribed by the law was without foundation, because the insurance dispute settlement system limited resorting to committees to lawsuits filed against insurance companies alone, not those against them. And on others such as the driver of the vehicle, and the obituary that the appealed judgment was marred by a breach of the right of defense and corruption in inference is not acceptable.
She pointed out that what the insurance company denies is that the appealed judgment has overestimated the compensation in its place, as it is proven in the papers that the aggrieved plaintiff deserves compensation for the treatment costs amounting to 48,699 dirhams, and that the insurance company did not provide the treatment bill, in addition to He deserves 26,513 dirhams, the value of the car that was driving behind him, securing his way, and which was sold as wreckage, and the value of the damages that occurred to the bicycle.
She explained that the Court of First Instance estimated compensation for the plaintiff in the amount of 50 thousand dirhams for what he lost of his earnings, due to his losing his job for a period of seven months, as the insurance company did not provide evidence that he was receiving his salary during that period, but the Court of First Instance awarded him a value of 120 thousand dirhams. Material compensation for his right to life and the safety of his body, which represents damage independent of the rest of the damages.
She added that the Court of First Instance estimated the moral compensation at 49,788 dirhams, although it is established in the report of the medical committee that the injuries that the plaintiff sustained have been cured, and that the rest of them are within the framework of gradual recovery, which the court considers reducing the material compensation to 50 thousand dirhams. and compensation for moral damage to 50 thousand dirhams, and accordingly the court decides to amend the appealed judgment, and to make the amount awarded 225 thousand and 212 dirhams, and obligates the insurance company and the one who caused the accident to pay it to the plaintiff equally between them.
• The Court of First Instance awarded the plaintiff a compensation of 50 thousand dirhams for the lost earnings.