Emirati Court Awards 35,000 Dirhams Compensation in Pedestrian Accident
In a recent ruling, the Civil Court of First Instance in Dubai adjusted compensation from 40,000 to 35,000 dirhams for an individual who was struck while crossing a non-designated pedestrian area.
A court decision amends compensation for a pedestrian accident in Dubai
Despite the pedestrian's failure to follow traffic instructions, the court granted compensation, highlighting the shared responsibility of the at-fault driver in the incident.
Insurance Company's Lawsuit Appeal
An insurance company in Dubai contested a decision by the Insurance Dispute Settlement and Resolution Committee, which mandated a payment of 40,000 dirhams for moral and physical damages, along with a 5% legal interest. The company argued against the acceptance of the lawsuit, questioning the legal capacity of the complainant and seeking a proportional adjustment of the compensation based on the percentage of injuries.
Company's Grounds for Appeal
The insurance company asserted that the driver causing the accident had not been charged or faced judgments, and the complainant admitted personal fault for crossing without using designated pedestrian crossings. The insurance company contended that the complainant's contribution to the damage warranted a reduction in compensation. The complaint against the complainant for "damaging property belonging to others" complicated the situation even more.
Court's Evaluation and Ruling
After reviewing evidence, including expert reports, the court emphasized its discretionary authority in determining liability, assessing damages, and deciding compensation. It noted the complainant's acknowledgment of personal fault but also highlighted the driver's responsibility for not appreciating road users.
The court considered the medical report, indicating a traumatic injury to the left lower limb resulting in a fractured femur and a permanent disability of 20%. It concluded that the Insurance Dispute Settlement and Resolution Committee's decision deviated from an appropriate estimate of material and moral damages.
Amended Compensation
In light of these considerations, the court ruled to amend the compensation to 35,000 dirhams instead of the initially prescribed 40,000 dirhams. This decision reflects the court's commitment to a fair assessment of liability and compensation in cases of traffic accidents, considering the shared responsibility of all parties involved.