DCC 36, 39/2007
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Litigation Procedure & Practice, Companies & Corporate Bodies, General Insurance Law, Civil Courts, Jurisdiction & Choice of Law, Damages in Personal Injury, Road Transport, Compensation
Copyright
LexisNexis
Decision date
25 Mar 2007
Catchwords
Litigation Procedure – Insurance Company – Court – Jurisdiction – Company Headquarters – Personal Injury – Road Traffic Accident – Compensation
This case involved compensation claimed from an insurance company following a road traffic accident where an individual had been killed, and another injured and lost a baby. The key issue was whether the Dubai court had jurisdiction as although the company had been notified in Dubai, their headquarters was Abu Dhabi and the accident had been in Ras al Khaimah.
Background Facts
The Plaintiffs, the heirs of the deceased and the husband of the injured person and the agent for his parents and as one of the heirs, filed suit No. 770/2005 against the insurance company requesting it to pay 1 million AED as compensation and 9% legal interest from the date of the final judgment until the completion of payment. The Plaintiffs explained that the driver a car insured with the Defendant Company hit both their mother and another person causing the death of the first person and serious injuries to the second and the loss of a pregnancy.