The Ras Al Khaimah Civil Cassation Court overturned a ruling by the Civil Appeals Court to reduce the compensation of a foreign girl who was broken in her foot while using an entertainment game belonging to a private company, from 120 to 80 thousand dirhams, due to an error in calculating the amounts spent by the appellant in her treatment and violation of the right of defense. The court ordered that the case be referred to the Court of Appeal to consider it again in a different body and obligated the company to pay fees and expenses, and the girl demanded 1.1 million dirhams in compensation.
According to the lawsuit papers, a girl filed a lawsuit in a newspaper in which she stated that if she used an entertainment game, and as a result of the company’s failure to take safety measures, she collided with another person using the same game, which led to her crushing in her foot and subsequently transferred to the hospital, and she is still undergoing physical therapy and cannot move and spent thousands of dollars out of the country for treatment.
She explained that she asked the company for compensation, but it refused without justification, demanding that the company pay one million and 100 thousand dirhams as a civil compensation, and refer it to a medical committee to explain the details of her injury and the amount of the resulting disability and to calculate the amounts she paid as treatment allowance and the amounts she will pay in the future based on what was paid.
The Court of First Instance ruled to obligate the company to pay the girl 120,000 dirhams in compensation for the material and moral damage she sustained with an annual interest of 6%. The girl and the company appealed the ruling to the Ras Al Khaimah Court of Appeal. Evidence of the elements of damage, due to the existence of an error in the application of the provisions of tort liability despite the existence of a contract between the two parties that exempts the company from liability for injuries because the game is dangerous in nature, which is legally permissible and that the severity of the wind is the cause of the accident.
Accordingly, the Court of Appeal decided to amend the appealed judgment and reduce the amount of compensation and oblige the company to pay the appellant 80,000 dirhams, and to amend the legal interest to 9%, and the girl appealed against the judgment by way of cassation.
The Ras Al Khaimah Civil Court of Cassation confirmed that the appellant had incurred treatment expenses of nearly $200,000 and submitted a number of documents and invoices without taking into account the assignment of her to come from her country for forensic examination, which amounted to 20,000 dirhams, and the appeal ruling did not respond to her request to refer her to a tripartite committee of Forensic medical experts to re-examine her and he did not respond to her request, which is a flaw in the ruling and requires overturning, and the obituary is in place.
She explained that since the contested judgment had decided to reduce the amount of compensation by it initially without the appellant answering her request to increase the amount of compensation on the medical report document, and that the request to appoint the expert is one of the licenses granted to the court, and that it was proven to the court of appeal from medical reports, treatment bills, drug purchases and transportation expenses The Iqama stated that the value of these expenses was approximately 41 thousand dirhams, without providing details of this amount so that the Court of Cassation could extend its control over it or delegate an accounting expert to determine what the appellant incurred, especially since it included a large number of invoices and documents that does not guarantee the court’s error in calculating the amounts received The court decided to refer the case to an appeals court for consideration by a different body.
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