UAE court obliges a man to pay 10,000 dirhams for assaulting a child
The Al-Ain Court of First Instance has mandated a man to compensate a woman, acting as the natural guardian of her son, with 10,000 dirhams for assaulting him.
Legal Action for Damages
The woman initiated legal proceedings seeking 52,000 dirhams in provisional compensation for her son, covering material, moral, and psychological damages. Additionally, she requested an annual 12% delayed interest rate, along with fees, expenses, and legal representation costs. The assailant had faced a criminal conviction for the assault.
Defendant's Response and Court Ruling
The defendant countered with a memorandum, claiming the lawsuit was invalid due to the plaintiff's lack of legal capacity. He sought to compel the plaintiff to cover fees, expenses, and attorney fees. However, the court rejected this argument, asserting that the plaintiff, as the mother and legal representative of her son, possessed the necessary legal standing to file the lawsuit.
The court emphasized that the criminal ruling and the civil lawsuit shared a common basis for the assault and clarified that the defendant's contention lacked merit. The criminal verdict, affirming the defendant's guilt, served as the basis for the civil lawsuit. The court underscored the proven nature of the defendant's wrongdoing, causing physical harm to the plaintiff's son, as verified by the medical report. The criminal ruling further supported the claim of psychological distress suffered by the victim due to the defendant's actions.
In light of the established facts, the court determined the defendant's legal obligation to compensate the plaintiff in her capacity as the guardian of her son. It ruled in favor of the plaintiff, ordering the defendant to pay 10,000 dirhams in damages, along with associated expenses, while dismissing all other claims.
The court's decision underscores the defendant's proven misconduct leading to harm, highlighting the nexus between the wrongdoing and the resulting damage suffered by the plaintiff's son.