The Al Ain Court of First Instance ruled that a man was obligated to pay a woman, in her capacity as the natural guardian of her son, an amount of 10,000 dirhams, as compensation for beating him.
The woman had filed a lawsuit against the man, demanding that he be obligated to pay her 52 thousand dirhams as temporary compensation, as compensation for her son, for the material, moral, and psychological damages he suffered, and to oblige him to pay delayed interest, amounting to 12% annually, in addition to fees and expenses, and in exchange for fees. Law firm, noting that he assaulted her son and was criminally convicted.
The defendant submitted a responsive memorandum in which he argued that the lawsuit was not accepted, because it had been filed by someone without legal capacity, and obligated the plaintiff to pay fees and expenses and to pay attorney’s fees. On the other hand, the court rejected, in the merits of its ruling, the defendant’s argument that the lawsuit should not be accepted because it was brought by someone without legal capacity, noting that “what is established from the papers is that the plaintiff filed the lawsuit before the court to demand compensation for her son, for the material, moral, and psychological damages he suffered as a result of the assault committed by Defendant. Therefore, the defense raised by the defendant is groundless and misplaced.”
The court indicated that what is proven from reviewing the papers and documents is that the act upon which the criminal lawsuit was filed is the same upon which the plaintiff relies in her current civil lawsuit.
The criminal ruling in support of the lawsuit ruled that the defendant was convicted, as the accusation against him was proven, and therefore that ruling made a necessary decision regarding the occurrence of the act that constitutes the common basis between the criminal and civil lawsuits and the legal description of this act and its attribution to its perpetrator.
She pointed out that the defendant’s mistake is proven, and it resulted in harm to the plaintiff’s son, represented by the physical damage he sustained, according to the attached medical report, and the criminal ruling supports the lawsuit and his feeling of psychological pain that befell him, as a result of the defendant’s actions. There is a causal relationship between the error and the damage, and the defendant is legally obligated to compensate the plaintiff in her capacity for that damage. The court ruled to oblige the defendant to pay the plaintiff an amount of 10,000 dirhams, according to the reasons and expenses, and rejected all other requests.
• The court confirmed that the defendant’s mistake was proven, and that it resulted in harm to the plaintiff’s son, represented by the physical damage he sustained, according to the medical report.
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