Abu Dhabi: Abu Dhabi Court of Appeal has ordered an insurance company to pay an amount of Dh1 million for the physical and psychological damage caused to a motorist whose car was damaged in an accident.
The second defendant, or the driver of the car causing the incident, was found to have endangered the life of a driver of Arab nationality, and caused the injuries mentioned in the medical report. The Court of First Instance had ordered Dh600,000 compensation for these damages. The plaintiff did not accept this compensation, appealed the judgement and demanded the ruling be cancelled. The plaintiff called for the insurance company and the driver who caused the accident to be ordered to pay Dh2 million dirhams in compensation for the material and moral damages suffered, and for the loss of earnings.
The lawyer of the appellant, Ali Khalaf Al Hosani, said that in return, the insurance company and the driver at fault submitted two appeals requesting to reduce the amount of compensation according to what they saw in the law and the facts, but the appellate judgement ruled to reject the two appeals refuting them all on valid grounds.
Ali Khalaf Al Hosani
Al Hosani added that the primary ruling did not take into account the severity of the damage caused to his client, as evidenced by the medical report, especially since the injuries had turned his client’s life upside down and transferred her from a young adult who enjoys living healthily and happily to a person in pain and sorrow, which necessitated an increase of compensation
The reasons for the verdict also stated that the person who caused the accident was driving his car recklessly, inattentively and in violation of traffic regulations, which had caused the tragic accident.
The defence lawyer submitted to the court reports proving that his client had damage to the brain causing chronic headache, dizziness, and permanent pain in the head, a loss estimated at 30 per cent of the brain jobs. The medical report determined that she also had a disability of 70 per cent. It also indicated that respiratory functions were affected due to a fracture of the left upper rib, which constitutes a deficit of respiratory functions by 5 per cent. The medical report also revealed an impact on the ability of the urinary bladder to control urination and the occurrence of urinary incontinence, which constitutes a permanent deficit of the urinary system functions estimated at 50 per cent.
“Taking into account these injuries and the that befell her as a result, the court ordered the appellant who caused the accident to pay an amount of Dh1 million in financial and moral compensation and obligated them to pay all judicial expenses,” the Court said.