DCC 129/2007

This case involved a claim for moral and material damage by the wife and children of a man killed in a car accident. Blood money had been awarded in a criminal trial. The key aspect was whether contributory negligence impacted damages due and what damages would be due to the wife and children of the deceased and it was automatically considered he was the breadwinner.

Background

The Plaintiffs, the wife of a victim of a car accident, and their children, filed proceedings before the Dubai Court of First Instance under roll (492/2006) seeking compensation for the accident that had resulted in the death of their husband/father. The claim was filed against the driver's insurer.

A criminal case was previously filed against the driver under criminal roll (354/2005) during which the driver was ordered to pay blood money.

The Plaintiffs filed the proceedings against the driver's insurer seeking additional compensation in the amount of one Million AED for both material and moral damages.

The Court of First Instance awarded the Plaintiffs the requested amount and found the insurer liable for compensation for tort.