ADCC 182/2012, 263/2012
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
Road Transport, Guardianship, Civil Evidence, Types of Insurance, General Personal Injury, Damages in Personal Injury, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
23 Sep 2012
Catchwords
Mental capacity – Litigation procedure – Road Traffic Accident – Personal Injury – Insurance – Evidence – Expert – Guardian
This case involved an individual who had been injured in a road traffic accident and claimed compensation. The individual had lost mental capacity in the accident and the case considered whether their guardian was able to litigate for them without court permission. It also looked at whether the court had been wrong to refuse a further expert investigation requested by both parties when it had initial stated it did not believe the existing report to be sufficient.
Background
On 03/03/2011 an individual was injured when crossing the road, and a car No 8694 owned by a party hit them. The car was insured by the defendant company, and driven by another person who was not being vigilant. The driver was criminally charged for injuring the victim and contravening the traffic law of traffic in criminal decision No 682/201. The victim was severely injured and suffered from several fractures which were mentioned in a medical report.
The Appellant, the guardian of the victim, filed lawsuit No 537/2011 against the Respondent, the Company Appellant.