The Abu Dhabi Court of Appeal for Family, Civil and Administrative Cases annulled a judgment of the Court of First Instance, which decided to reject a compensation claim filed by a mechanic against a company in which he works, due to the fall of the roof of a room on him, and his injury to his back, and the court ruled that the company be obligated to compensate the mechanic with 30 thousand dirhams.
In detail, a mechanic filed a lawsuit against a company, demanding that it pay him five million dirhams, indicating that he works as a mechanic technician for the company, and while praying in a building belonging to the company, he and others were exposed to an accident when the roof of the room fell on them, and he was subjected to the injuries described in the medical reports attached to the lawsuit statement, He suffered material and moral damages as a result of these injuries, represented in the fact that he became unable to work, which may lead to the termination of his services, in addition to the sadness, grief and heartbreak that befell him, and during the hearing of the case, he demanded the entry of a second opponent (the company responsible for the labor housing building), The Court of First Instance dismissed the case.
The ruling was not accepted by the plaintiff, so he appealed it, explaining that the ruling was based on the lack of evidence of the incident of the prayer room falling, while it is proven by the documents contained in the case file, and electronic correspondence between the parties to the case, in addition to the presence of witnesses to the accident that the court did not hear.
The Court of Appeal stated in the reasoning behind the ruling that it was evident from the papers and the investigation conducted by the court that the industrial room ceiling board (of an industrial decorative material) fell on the back of the mechanic in the company building, and this resulted, according to the medical reports included in the papers from both parties, in lower back pain. , required the appellant to undergo physiotherapy sessions, and was recommended to avoid activities that put pressure on the back, for a period of three weeks.
The court indicated that it settled in its certainty that the element of error was available on the part of the second appellant, represented in proving its failure to carry out the necessary maintenance and repairs in the appellant’s residence room in its building, which led to the fall of the industrial ceiling, and this led to the injury of the appellant, in addition to his moral damage. , represented by his anxiety and disturbance, which fulfills the elements of tort liability on the part of the second appellant, and therefore the compensation request becomes based on its legally justified support.
The court ruled to accept the appeal in form, and in the matter to cancel the appealed judgment, and to rule again to oblige the second respondent to pay the mechanic 30 thousand dirhams, and the legal interest on him at 4% annually from the date of this ruling to the date of full payment, and the company obliged the expenses for the two levels of litigation .
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