DCC 256/1998
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Enforcement of Judgments, Litigation Procedure & Practice, General Insurance Law, Financial Services & Activities
Copyright
LexisNexis
Decision date
24 Oct 1998
Catchwords
Insurance company – Notified – Accident – In writing – Trial Court – Description – Intentional or unintentional – Control – Court of Cassation – Upheld – contested judgment – Respondent’s error – Traffic Department – Incident – Damage – Enforceable in law
The insurance company may be notified of the accident in writing or by being informed in any way and from any entity. The trial court's description of the error as being intentional or unintentional does not come under the control of Court of Cassation and must be upheld. The contested judgment that the respondent's error is unintentional based on the traffic department's report of the incident and requiring the insurance company to repair the damage to the car is deemed enforceable in law.
Having reviewed the case documents, read out the summary report prepared by the Honorable “…………” Judge, heard the pleading, and after the legal deliberation.
Whereas the cassation has fulfilled the requirements prescribed by law in terms of form;
Whereas, facts of the action, as apparent in the contested judgment and the other cassation documents, are summed up in that the first respondent “………” filed action No (767/96) against the second respondent “……………” office and the appellant “………..” insurance company, whereby the first respondent petitioned the court to impose upon them to jointly and severally pay him AED 30,000 plus litigation costs and attorney fees.