DCC 242/2005

This case involved whether heirs of an individual who died in a construction accident could directly sue the insurance company of the company which had been negligent, when the insurance had been taken out by that company for accidents to its employees.

Background

Some Plaintiffs filed suit No. 417 of 2004 before the Dubai Court of First Instance against the Defendants requesting 700,000 AED for the Diya due to the death of their testator and compensation for physical and moral damage they had suffered. The Plaintiffs explained that on 12-2-2004 the roof of a building under construction belonging to the Government of Sharjah collapsed, when concrete was being poured by the First Defendant. This incident resulted in the death of six people.

The collapse occurred due to the neglect of the company and its employees. These three were presented for criminal trial in misdemeanour no. 22 of 2004. The first accused who was the site engineer was obliged to pay the heirs 200,000 AED. This judgment became final and conclusive, so the Plaintiffs decided to file the lawsuit in question.

Proceedings:

Court of first instance - Decision dated 29/3/2005