The Al Ain Court of First Instance ruled to oblige a young man to pay the last sum of 58 thousand dirhams in compensation for the material and moral damages he suffered as a result of stealing a motorcycle owned by the plaintiff.
In detail, a young man filed a lawsuit against another, demanding that he be obliged to pay him an amount of 60,000 in compensation for the material and moral damages resulting from the seizure of his motorcycle, in addition to fees and expenses and legal fees, indicating that the defendant seized the motorcycle. His possessions, worth fifty-three thousand dirhams, have been criminally convicted.
For its part, the court explained in the merits of its ruling that, according to the provisions of the Civil Transactions Law, “every harm to another obligates the perpetrator, even if he is not discerning, to guarantee the harm,” noting that what is proven from the papers is that the reason for the occurrence of the damage for which compensation is claimed is the fault of the defendant who achieved the seizure. On the bicycle owned by the plaintiff, this ruling has the force of a res judicata, and has made a necessary decision regarding the occurrence of the fault and its attribution to a responsible party. Therefore, the court is prohibited from re-examining the extent of the availability of the elements of tort liability, but rather its role is limited to estimating the value of compensation only.
Regarding the request to oblige the defendant to pay financial compensation, which is the value of the bike that is the subject of the lawsuit, the court indicated that the defendant’s proven mistake was his seizure of the bike owned by the plaintiff, pointing out that the plaintiff submitted three price offers for the bike that was the subject of the theft, and that the lowest price offer was 53. One thousand dirhams is sufficient to estimate the market value of the bike after its loss, especially since the defendant did not appear to file the lawsuit with any defense or defense that may be gained from it, or until the price quotes for the bike submitted by the plaintiff are appealed. Therefore, the defendant’s liability is occupied by the plaintiff with the value of the bike and Financial compensation for her, and the court ruled, obliging the defendant to pay the plaintiff an amount of 58 thousand dirhams, according to the reasons and expenses.
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