Supreme Court rejects insurance firm’s appeal

ABU DHABI — The Supreme Federal Court has turned down an appeal by an insurance company related to a verdict by the Sharjah Court of Appeal, granting compensation to a woman doctor.

By A Staff Reporter

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Published: Fri 1 Jul 2005, 11:21 AM

Last updated: Thu 2 Apr 2015, 7:41 PM

Azzam W. Shamani, representing the young physician who was disabled for life in the wake of an accident involving a car insured by the said company, demanded Dh500,000 from Al Buhairah National Insurance Company.

He claimed that the injured woman worked as a medical doctor and a university lecturer.

The Sharjah Court of First Instance agreed to the compensation request in its verdict, based on the argument that the victim was in the prime of youth and that the incident had made her a person of special needs. The court was convinced that the accident had destroyed her youthful dreams for a prospectus life. This ruling was, according to the court, despite the fact that the victim had crossed the street from a spot not designated for pedestrian crossing, making her share in the responsibility in the accident 20 per cent.

The court said that Article 26 of the Traffic Law implies that the aim of the mandatory insurance system on vehicles is to protect the rights of individuals involved in accidents to file compensation cases against insurance companies. The car that knocked down the doctor was insured by the company and it was confirmed that its driver was responsible for the accident, according to the court records.

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