Dubai court obliges an insurance company to pay AED 450,000 in compensation for a traffic accident victim
The Dubai Civil Court of First Instance recently confirmed the judgment of the Insurance Disputes Settlement and Resolution Committee, which ordered an insurance company to compensate a traffic accident victim to the tune of 450,000 dirhams.
Dubai Court Upholds Compensation for Traffic Accident Victims
The insurance company contested the initial decision, arguing that the medical report relied upon by the committee was invalid. It insisted that the victim should provide a final medical report from Rashid Hospital or another government hospital in Dubai. The company also urged a re-evaluation of disability rates by a forensic doctor and demanded the victim cover associated fees and charges.
Basis of the Appeal
The company's appeal cited reasons such as corruption in reasoning, misapplication of the law, and violation of established facts. It claimed that the compensation amount of 450,000 dirhams for physical and moral damages was excessive. The company asserted that the victim, aged 42, had recovered from all injuries, received free treatment at Rashid Hospital, and did not incur any expenses. It was also argued that there was no evidence of moral damage or material harm.
Dispute over disability rates
The insurance company contended that the disability rates presented in the forensic doctor’s report were exaggerated. It challenged the assessment of a 20% disability rate in the chest and a 70% disability rate in the right lower limb, characterizing these injuries as temporary rather than permanent. The company raised objections about the defendant obtaining a medical report from a different emirate despite the lack of jurisdiction.
Court’s Ruling
After reviewing the appeal, the court concluded that the objections related to the doctor’s report were unfounded. The court emphasized that it could derive evidence from any source and consider reports from experts filed in other cases. It clarified that estimating compensation values for damages falls within the court’s independent authority. The court upheld the committee's decision, affirming the compensation amount as appropriate based on the circumstances, lawsuit documents, and medical reports.
Moreover, the court rejected the insurance company's appeal and upheld the victim's entitlement to compensation.
