DCC 32/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Enforcement of Judgments, Litigation Procedure & Practice, General Insurance Law, Types of Personal Injury Claim
Copyright
LexisNexis
Decision date
28 Nov 2004
Catchwords
Injured third party – Capacity and interest – Action – Insurance company – Accident – Risks – Policy – Liability – Injury compensation – Jurisdiction – Request – Investigation – Decision – Authority – Trial Court – Medical report – Physical injury – Psychological pain – Disability
The injured third party has the capacity and interest to file the action against the insurance company of the car which caused the accident. The risks covered by the car insurance policy against the civil liability applied to the relationship between the insurance company and the insured party or the car driver. The estimation of injury compensation is deemed a matter to be decided under the jurisdiction of the trial court. The trial court is not obliged to accept the request to refer the action to investigation, because the case documents are sufficient to allow it to reach a decision. The authority of the trial court to assess the compensation due as a result of the traffic accident, on the grounds of the medical report issued by the hospital and the physical injury and psychological pain caused by her disability.
Pursuant to the perusal of the documents, and the reading of the summary report, and after deliberation.
Whereas the cassation has fulfilled all formal conditions.