ADCC 240/2009

This case involved compensation due to the heirs of an employee who died in a crane accident by the insurance company. Key issues included whether the insurance company contract could exclude accidents which happened at the worksite and not on the public road and the impact of the crane being overloaded on the liability.

Background

An Appellant filed suit No. 237/2008 against the Respondent requesting they pay 237300 AED with default interest and compensation of 12% of the amount of the claim from the maturity date on 27/3/2007 until full payment on the basis that the Appellant insured vehicle No. 53655 which was a red crane, Abu Dhabi, Model 1998 for the benefit of another and as a result of the use of this crane, an accidental death occurred to one of the employees. Their heirs filed a lawsuit against the Appellant. It was ruled in Appeal No. 540/2006 to oblige the Appellant to pay 300,000 AED, from which 327300 AED was paid to the heirs in the execution case No. 527/2007 in addition to 14,000 AED for appeal fees.