Driver was found liable after striking a girl at a pedestrian crossing and was previously convicted in a criminal case related to the incident
Al Ain: The Al Ain Civil, Commercial and Administrative Court has ordered a driver to pay Dh150,000 in compensation to a girl for the physical, material and moral damages she suffered after being struck by a vehicle while crossing at a pedestrian crossing.
The girl filed a lawsuit seeking Dh200,000 in compensation, in addition to fees, expenses and legal costs, arguing that the driver had caused her injuries by failing to comply with traffic rules and regulations while driving a vehicle owned by a cleaning services company.
She stated that the accident resulted in multiple fractures and serious injuries from which she had not fully recovered, noting that the driver had already been convicted in a criminal case arising from the incident.
During the proceedings, the defendant requested that a Takaful insurance company be joined to the case and required to bear any compensation, costs or expenses awarded.
A forensic medical report commissioned by the court found that the girl had suffered a 10 per cent functional disability in her left upper limb due to a fractured left clavicle, accompanied by pain and difficulty carrying heavy objects.
The report also found a 40 per cent functional disability in her right lower limb as a result of fractures to her right leg, causing a limp, restricted movement and reduced ability to carry loads and walk.
In its judgment, the court said the criminal ruling had established that the defendant caused the injuries through negligence, recklessness and a lack of caution.
The court found that he had failed to comply with traffic regulations, including reducing speed when approaching a pedestrian crossing, which resulted in the victim being struck.
Addressing the compensation claim, the court stated that infringement of a person’s bodily integrity through a harmful act, whether intentional or unintentional, constitutes actual material damage for which the injured party is entitled to seek compensation from the responsible person.
The court said it was satisfied with the findings of the forensic medical report and affirmed the plaintiff’s right to compensation for the damages she sustained.
The request to include the Takaful insurance company in the case was rejected because the required court fee had not been paid.
The court ultimately ordered the defendant to pay the plaintiff Dh150,000 in compensation, in addition to Dh300 in legal fees.
Source: Emirates 24|7