The Civil Court in Dubai recently issued a ruling that adjusted the compensation awarded to a victim of a traffic accident, following an appeal lodged by an insurance company.
Initially, the Insurance Dispute Settlement and Resolution Committee had mandated the insurance company to pay the victim 70,000 dirhams. However, the court reduced this amount to 50,000 dirhams, despite the insurance company's objection.
The case originated from an accident in which a person was struck by a vehicle insured by the aforementioned company. The company contested the victim's claim, arguing that there was insufficient evidence to prove the driver's culpability. They also cited police and prosecution documents indicating the lack of grounds for a criminal case against the driver. However, the victim contended that the driver was indeed at fault.
After reviewing the arguments and evidence presented by both parties, the court rejected the insurance company's appeal. It emphasized that the decisions of the public prosecution did not hold sway in civil proceedings and that the evidence presented was insufficient to absolve the driver of responsibility. The court affirmed the findings of the Dispute Settlement and Resolution Committee regarding the driver's liability.
Furthermore, the court considered the extent of the victim's injuries, as documented in a forensic medical report, which indicated a 20% permanent disability in the left lower limb. Taking this into account, the court adjusted the compensation to 50,000 dirhams to reflect the severity of the injury.
The court's ruling upheld the initial decision regarding the driver's liability while making a slight adjustment to the compensation amount based on the extent of the victim's injuries. This case underscores the importance of a thorough examination of evidence and adherence to legal procedures in resolving insurance disputes related to traffic accidents.
