DCC 204/2005

This case involved whether a car owner should be paid insurance damages for their car which was stolen. He had handed the car over to his brother and the brother had given it to the individuals who stole it.

Background Facts

An Appellant filed suit No. 605 of 2003, before the Dubai Court of First Instance against the Respondents requesting they pay him 85,000 AED and 12% interest from 26/2/2003 until full payment, based on the fact that on this date the first two Defendants stole his car which was insured by the Third Defendant insurance company. The first two Defendants were convicted of a misdemeanour and sentenced to one year imprisonment and were deported from the country. This judgment became final and binding and the Plaintiff should have the right to request payment of a compensation equivalent to the value of the car of 85,000 AED.

Proceedings:

Court of first instance - Decision dated 1/1/2005

The Court of First Instance obliged the Defendants to pay the Plaintiff the claimed amount and 5% interest from the date of the claim until full payment. The insurance company appealed this judgment.