The Ras Al Khaimah Civil Court of Appeal decided to amend the ruling of the Court of First Instance and increase the amount of compensation awarded to an (Arab) girl affected by a traffic accident from 55 to 85,000 dirhams, and obligated the insurance company to pay it for her.
The girl had filed a lawsuit before the Court of First Instance, which demanded that the person responsible for the accident and the insurance company be jointly liable between them to pay her reparable compensation for the damages she incurred on the basis that the cause of the accident and the insured person with the insurance company had caused by his mistake compromising the integrity of her body, and the Court of First Instance ruled To oblige the person responsible for the accident and the insurance company to pay her 55,000 dirhams in compensation for the damages she sustained.
The case papers indicated that the insurance company was not satisfied with the verdict, so it appealed against it, and requested that the lawsuit be dismissed due to an error in the application of the law and the lack of causation. defective.
The girl also did not accept the ruling of the first degree and appealed against it and requested an increase in the compensation awarded for an error in applying the law and violating the right of defense, and explained that she had a fracture of the wrist joint with severe deformity that needs to obtain a stable joint.
In the judgment of the Court of Appeal, it was stated that what the girl described in her appeal was valid and that it is decided that the court should obtain an understanding of the reality in the case and assess the evidence, including medical reports, and that it does not prevent the court from assessing compensation for depriving her of her salary throughout the duration of the sick leave, because The opportunity has been missed to continue working as an element of the damage that must be considered for compensation because the opportunity if it is inevitable, and if it is an inevitable matter, and the law does not prevent the law from counting in the lost profit as an element of compensation what the injured hoped to obtain from the gain.
She indicated that what is proven in the papers from the medical reports is that the girl suffered a complex fracture inside the wrist joint with deformity that requires multiple procedures to obtain a stable, painless joint, and the report estimated the pain rate at 25%, and the girl needs surgery with an initial cost of more than 20 thousand dirhams.
She stated that the appealed judgment deliberately estimated the material and moral compensation at a value of 55 thousand dirhams without taking into account the gravity of the accident and its circumstances and the amount of pain and grief that the girl suffered, and thus the compensation is defective, and the compensation for material damage was estimated at 70,000 dirhams and moral damages at a value of 15,000 dirhams, which requires amending the judgment The appellant and obliges the insurance company to pay it. It also decides to reject the insurance company’s appeal and obliges it to pay the expenses.