Road crash in UAE leads to Dh159,000 insurance payout
The lower court earlier ruled in favour of the insurance company.
The Ras Al Khaimah Civil Court of Appeal has turned down the request of an insurance company to get back Dh159,389 it had paid as a compensation to a private company following a road crash in a port here.
The lower court earlier ruled in favour of the insurance company and ordered the transport company to repay the Dh159,389 compensation, along with nine per cent interest.
The lower court based its judgment on the fact that the erring driver, a staff of the transport company, was driving the car involved in a port which it did not consider as a public road.
Dissatisfied with the ruling of the RAK Civil Court of First Instance, the transport company challenged it in the higher court where the defence lawyer argued that the insurance coverage spanned all public roads, as per law.
"The port is a public place run by the state and may not be entered without a legal permission from the official bodies concerned," the lawyer told the court.
"The port does include roads where cars run; these are then public roads and have to be covered by the insurance accordingly."
The insurer lawyer argued that his client does not cover any off-road accident or a mishap that takes place at a worksite unless this is clearly stipulated and agreed upon in the insurance policy.
"The insurance agreement of the car and driver involved in the mishap does not state any off-road motor coverage."
The Ras Al Khaimah Civil Court of Appeal, however, turned down the pleading of the insurance company lawyer, cancelled the verdict of the lower court, and ordered the insurer to pay all legal fees as well.
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