DCC 147, 159, 183/2005

This case involved a claim by an insurance company for repayment of compensation for a road traffic accident. Action was taken to add a car rental company to the litigation because they had allowed a driver without a license to drive the car. Key issues included whether the insurance company had taken premature action as there was no proof they had paid the compensation. The case also looked at the res judicata effect and if it was possible for a party to appeal when they had not been put in a worse position by the ruling.

Background

The Plaintiff filed suit No. 101 of 2004 against the Defendants before the Dubai Court of First Instance, requesting they jointly pay 550,000 AED as a compensation for material and moral damage, and interest of 9% from the date of the claim until the completion of payment. The Plaintiff explained that on 15-11-2003 and when the First Defendant was driving a car owned by the Second Defendant, and insured by the third Defendant Company, he negligently caused the injuries described in the medical reports.