An (Asian) teacher filed a civil case before the Partial Civil Court of Ras Al Khaimah, claiming compensation for moral and material damage as a result of being insulted by an “Arab” private school principal, who violently took her phone, put it on the table and threatened her in front of her colleagues in the teachers’ room. The court ordered the principal to perform She has 7000 dirhams in compensation for her material and moral damages.
The Public Prosecution had referred the principal to the misdemeanour court on charges of assaulting the teacher’s safety, causing her injuries, insulting her and degrading her publicly, by violently taking her phone by force and placing it on the table in the presence of others, as well as threatening to wave his hand with the intent to intimidate her. He was charged with assaulting the integrity of the victim’s body and fined him 3000 dirhams, and his innocence of the other two charges due to insufficient evidence.
The case papers indicated that the accused appealed against the ruling of the first degree, and the Court of Appeal upheld the verdict regarding his conviction for what was assigned to him, and amending the fine to 1,000 dirhams.
The principal of the school stated before a partial civil court that he did not commit a mistake that resulted in harm to the plaintiff, in addition to the fact that it was not proven that she sustained material damage. Physical and moral damage suffered.
In the rationale of the partial civil court ruling, it was stated that the defendant’s conviction for trespassing on the plaintiff’s physical integrity and causing her injuries became thus acquired by the civil court’s adherence to the fact of the error and attributing it to the defendant’s perpetrator and the resulting harm to the plaintiff as a common basis between Both criminal and civil lawsuits, pointing out that it is clear from the facts that the defendant made a mistake by pulling the phone forcefully when she was about to make a call during a dispute between them in the teachers’ room.
She stated that this left a trace of his assault on her body, represented by injuries that made her unable to perform her personal actions for a period of time, which he must guarantee resulting from his mistake from the damage he caused, whether the damage was material or moral, pointing out that the plaintiff was subjected to a harmful act that prevented her from performing her work and she is legally entitled Compensation for him is estimated by the court at 3000 dirhams.
She added that the plaintiff was hurt by feeling insulted in front of her fellow teachers, which is a moral damage with which she deserves compensation, and the court estimates it at a value of 4000 dirhams. Expenses and attorney fees and rejected requests in excess of that.