DCC 75/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, General Insurance Law, Compensation, Police, General Transport Law
Copyright
LexisNexis
Decision date
8 Jun 2003
Catchwords
Conditions – Obligation – Insurer – Third party’s damage – Accidents – Car usage – Jurisdiction – Driver – Vehicle – Death – Respondents – Data – Police report – Accident – Vehicle Insurance Policy – Documents
Conditions of the obligation of the insurer to insure against the third party's damage, due to accidents resulted by car usage. The trial court shall have the jurisdiction to conclude whether the error of the driver of vehicle led to the accident resulting in the death of the person inherited by the two respondents, through data proven in KSA Police report. The existence of the person inherited by the two respondents in the vehicle during the accident, the coverage of vehicle Insurance Policy of the driver and passengers, and documents non proving of having accident due to work, despite the Insured guarantee of the dead person, shall lead to the dismissal of Insurer' defense of the availability of dependency between them during riding the vehicle.
Pursuant to the perusal of the documents and the hearing of the summary report read
out at the session by H.E Judge: ……………………… and after deliberations.
Whereas the cassation fulfilled all formal conditions.