DCC 285/1998
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Litigation Procedure & Practice, Financial Services & Activities, General Insurance Law
Copyright
LexisNexis
Decision date
31 Oct 1998
Catchwords
Injured party = Contribution – Accident – Compensation – Authority – Trial Court – Assess – Contested judgment – Respondent – Responsible – Accused – Driving – Unfitting with the road conditions – Proof in document – Insurance company – Commitment – Third parties – Civil liability – Physical, material and moral damages – Psychological damage – Application of law
The injured party's contribution to the accident affects amount of compensation awarded. The authority of the trial court to assess the part played by the injured party in the accident, without any feedback from the Court of Cassation. The contested judgment ruling that the injured respondent should not be responsible for damages for simply crossing the road, because the accident was a result of the accused driving in a manner unfitting with the road conditions and next to the bus station, is deemed reasonable and has proof in documents. The insurance company's commitment toward third parties in civil liability insurance arising from car accidents shall include physical, material and moral damages. The contested judgment awarding compensation to the respondent's wife and his children for the subsequent psychological damage as a result of his injury is not an error in the application of law.
Having reviewed the case papers, read out the summary report, heard the oral pleading, and after the legal deliberation;
Whereas the cassation has fulfilled the requirements prescribed by law in terms of form