PAY FOR CAR REPAIRS, INSURANCE COMPANY TOLD

The Federal Supreme Court has annulled a verdict issued by the Court of Appeal which cleared an insurance company from the responsibility of bearing the expenditure for repairs to a car which was involved in an accident with another car insured with the company.

By Wael Yousef (Staff Reporter)

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Published: Thu 12 Jan 2006, 1:28 PM

Last updated: Sat 4 Apr 2015, 4:32 PM

The Supreme Court annulled the verdict on the basis of the contention of the owner of the damaged car that the court did not take into consideration the documents submitted by him, which contained a claim fixing responsibility on the insurance company to take care of the damages.

Khalid J. S. filed a lawsuit against Alliance Insurance Company demanding that the company repair his car or compensate him with the estimated price (Dh20,000).

Khalid said that a traffic accident with a car insured with the mentioned company caused huge damages to his vehicle, and that the insurance company should comply with its responsibility to repair the car or pay the cost of the car which is Dh20,000.

The Court of First Instance rejected the case, prompting Khalid to appeal before the Court of Appeal, which too rejected the lawsuit.

However, the plaintiff filed another appeal before the Federal Supreme Court, stating that the insurance company had admitted to its responsibility for repairing his car, as mentioned in an official note addressed to the Head of Abu Dhabi Police. The Court didn't take this into consideration, he contended.

The Federal Supreme Court agreed with the claims of the plaintiff, observing that if any relevant documents that effect the lawsuit were presented by any of the parties in dispute, the court should take it into consideration, or otherwise the verdict would lack efficiency.

The court said Khalid submitted the letter of the insurance company to the court, as it was addressed to the Chief of Abu Dhabi Police declaring its responsibility to repair the damages to the car resulting from the accident.

The Supreme Court declared that the Court of Appeal didn't consider the document, and that calls for the annulment of the verdict and referring the lawsuit back to the Court of Appeal to look into the matter afresh.



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