Driver fractures spine and ribs as pump falls on him, gets Dhs250,000 compensation

Aya El Deeb, Staff Reporter

The Abu Dhabi Appellate Court upheld the ruling of the Court of First Instance obligating the owner of a company to pay Dhs250,000 to a driver in compensation for the damages he incurred after a pump fell on him while he was repairing it.

The victim reportedly sustained multiple fractures to his spine and ribs.

The complainant filed a lawsuit against the owner of the company, requesting that company be obligated to pay him Dhs500,000 in compensation for the material and moral damages he incurred, and the legal interest of 9% from the date of the claim until full payment, in addition to the fees and expenses of the lawsuit and the lawyer’s fees.

He explained that while he was repairing a pump during work, it fell on his body, causing him multiple fractures in the vertebrae of the thoracic and lumbar spine, and in the back ribs, due to the negligence of the company.

The plaintiff indicated that the criminal court had convicted the owner of the company and fined her Dhs10,000, and obligated it to pay him Dhs60,000 in compensation for the injuries he sustained.

The Abu Dhabi Court for Family and Civil and Administrative Cases (First Degree) obligated the owner of the company to pay the driver Dhs250,000 in compensation for all the damages incurred by him, besides the fees and expenses of the case.

The company appealed the ruling, noting that it was ordered to pay the driver compensation of Dhs250,000 without indicating the elements of the damage on which the compensation was based, adding that he was previously compensated for the same injury with Dhs60,000 and that the injury occurred due to the his fault for not adhering to his job duties and not wearing protective clothing.

The Appellate Court affirmed that the compensation is estimated by the court according to the circumstances and that the mistake of the owner of the company was proved according to the criminal court.

The court also pointed out that the injuries resulted in disabilities which will reduce the complainant's chances of obtaining a job in the future, in addition to the moral damages and pains he suffered as a result of the surgeries performed on him, and his feeling of heartbreak after becoming disabled.

The criminal judgment did not include anything stating that the worker contributed to causing his injury through his own fault, the court indicated, then, it upheld the preliminary judgment and obligated the owner of the company to pay the fees and expenses of the appeal.