UAE court fines a driver and an insurance company 120,000 AED
In Ras Al Khaimah, the Civil Court of First Instance recently delivered a verdict compelling both an insurance company and the individual responsible for a traffic accident to compensate the heirs of the victim with 120 thousand dirhams.
This compensation is designated for the moral damages incurred as a result of the unfortunate incident. Furthermore, an annual interest rate of 6% on the compensation amount is to be applied from the issuance of the ruling until full payment. Additionally, the court imposed upon the defendants the obligation to cover all associated case fees, expenses, and attorney's fees while simultaneously rejecting any requests exceeding the designated compensation amount.
The Public Prosecution in Ras Al Khaimah charged the driver, held responsible for the accident, with the offence of failing to adhere to traffic signs, rules, and proper driving etiquette, leading to the occurrence of the unfortunate hit-and-run incident. Consequently, the driver was referred to the Traffic Misdemeanour Court, which imposed a fine of 5,000 dirhams upon him, along with the obligation to pay 200 thousand dirhams in legal blood money to the heirs of the victim.
According to the plaintiffs, who are the heirs of the deceased victim, the incident occurred when the driver, in the act of overtaking another vehicle, negligently collided with their relative who was crossing the street in Al Jazeera Al Hamra, resulting in severe injuries that eventually led to her demise in the hospital.
Upon review, the court found no evidence to support the deceased victim's contribution to the plaintiffs' financial support. It was established that the husband of the deceased victim was legally obligated to provide for the family, and the children, being over 20 years old, were capable of earning their livelihood. Consequently, the court determined that the material damages claimed by the plaintiffs were not definitive.
The insurance company's obligation was derived from legislative provisions; however, the court ascribed liability to the driver based on tort law. As a result, the plaintiffs received a combined mandate from the insurance company and the driver to compensate them for the moral damages they incurred as a result of their relative's death: 120 thousand dirhams.
