DCC 78/2004

The initial dispute involved payment of blood money in a road traffic accident. The key issue was the impact of a lack of involvement of the public prosecution when the litigant had died and been succeeded by minors.

Background

An Appellants' testator filed the action No 548/2001 against the insurance company demanding they pay him 150,000 AED on the basis that he insured his car No 4368 at the company.

On 27/11/2000 he had an accident while driving his car which led to the death of an individual and a felony was registered against him No 3371/2000 and he was convicted and ordered to pay 150,000 AED in blood money - Diyya - to his heirs and he deposited it at the court's treasury.

The Respondents however, refused to pay the Diyya which is why he filed the lawsuit.

Proceedings:

Dubai Court of First Instance | Decision taken on 25/11/2001

On 25/11/2001, the court rejected the action on the basis that the Defendant company was not notified at the time of the accident.

Court of Appeal - Appeal No 1634/2004 | Decision taken on 18/03/2002 | Appealed Judgment Confirmed

Appeal in Cassation before the Court of Cassation