DCC 69/2005
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Types of Insurance, General Criminal Procedure, General Criminal Law & Disposition of Offenders, Road Transport, General Personal Injury, Damages in Personal Injury
Copyright
LexisNexis
Decision date
26 Jun 2005
Catchwords
Road Traffic Accident – Blood Money – Personal Injury – Insurance Policy – Res Judicata – Criminal Judgment
This case involved a claim by a car owner for blood money paid as a result of a criminal judgment. Contrary to the insurance policy. The car had not been properly maintained and was overloaded so the driver so the car owner was also liable despite the criminal judgment.
Background
A Plaintiff filed suit No. 41/2004 against the Defendants an insurance company and another party requesting them to pay 15,206 AED and interest on the basis that the Plaintiff owned a car insured by the Defendant insurance company. The driver of this car, the second Defendant caused an accident and lead to the death of a person. They were convicted by a final judgment and the Plaintiff and insurance company were obliged to pay the heirs the Diya. The Plaintiff paid the blood money to the heirs and the Plaintiff had the right to refer to the Insurance Company for what they paid.
Proceedings:
Court of first instance - Decision dated 14/6/2004