DCC 220/2007
This case involved whether a brother had legal capacity to file a personal injury case for his incapacitated brother.
Background
On 13/1/2006 the first Defendant caused an accident while driving the car insured with the second Defendant and ran over the brother of the Plaintiff, which led to the injuries described in the medical reports, and the driver was convicted with the crime in the appeal No. 1610 of 2006,
As a result, the injured person suffered physical and moral damages, and lost his legal capacity which should be compensated.
The appellant (plaintiff in the first instance) was appointed by the judgment as legal representative of his brother, and filed the lawsuit and request compensation on his behalf.
Proceedings
Court of first instance | decision dated 20/03/2007
The court held that the Defendants should jointly pay the Plaintiff 250,000 AED.
Appeal at Sharjah Court of Appeal |dated 27/09/2007
The court amended the amount to 300,000 AED and rejected the appeal filed by the defendants.
Appeal in Cassation before Dubai Court of Cassation
The ground for appeal was inadmissibility of the dispute for filing it without status, which rendered it defective and required its reversal.