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Insurance firm ordered to pay diya

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Insurance firm ordered to pay diya

The Dubai Court of Cassation has quashed a ruling by lower courts and ordered an insurance company to pay Dh200,000 in blood money (diya) to the heirs of a traffic accident victim.

Published: Thu 28 Jun 2012, 9:18 AM

Updated: Tue 7 Apr 2015, 11:38 AM

  • By
  • Marie Nammour

The heirs had missed the legal deadline to appeal against the verdict of the appellate court but the Court of Cassation admitted the case after the prosecution filed an appeal.

Youssef Hassan Al Muttaweh, acting Attorney-General, contested the appellate court’s verdict upholding the Court of First Instance’s ruling disfavouring the heirs’ claims.

According to Abdullah Mohammed Kuleib, head of the Civil Prosecution, there was coordination between Khalifa bin Demas, head of the Technical Office, and Salah Bu Farroucha Al Felasi, Traffic Chief Prosecutor, in the case of a defendant accused of causing the death of someone by mistake in a traffic accident.

The heirs of the victim had filed a civil lawsuit against the defendant claiming damages and blood money totalling Dh1.2 million.

The Court of First Instance approved only the damages and dismissed the blood money claim.

The heirs appealed the verdict at the Court of Appeal which upheld the initial ruling.

The heirs missed the legal deadline for appealing at the Court of Cassation. Moussab Al Housany, Assistant Civil Prosecutor, examined the verdict of the Appellate Court and found it to be a case of misapplication of the law.

An appeal was filed at the Court of Cassation after it was approved by the Dubai Attorney-General and the emirate’s top court quashed the earlier verdicts and ruled in favour of the heirs.

mary@khaleejtimes.com



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