Unified UAE Legislation Database

Federal Supreme Court - Commercial Appeals Nos. 1381 and 1390 of 2024 on Compensation Beyond Diyya and Arsh

Status

In force

Issuing Authority

Federal Supreme Court

Effective date

XX.XX.XXXX

Official Link

https://

Session on Tuesday, 14 January 2025

Presided over by Justice Shihab Abdulrahman Al-Hammadi, "Head of the Department"
With the membership of Judges Abdullah Bu Bakr Al-Siri and Sabri Shamsuddin Mohammed

 

(1-5) Court of "Trial Court: Its power to obtain an understanding of the facts." Obligations "Sources of obligation: Harmful act: Permissibility of compensation for material damages not covered by Diyya and Arsh." Contracts "Contracts of Gharar: Insurance contract.

 

1. Understanding the facts of the case and assessing the evidence is the authority of the trial court. The condition for that.

 

2. The appealed decision's rule to order the appellant company to pay the amount of blood money and Arsh owed to the injured party and to grant its backup request to reduce the amount of compensation awarded is an implicit judgement rejecting the appellant company's original request to dismiss the case. The judgement was wrongly applied to the law and contradicted by the judgement's reasons for ruling on the backup request without addressing the original request was rejected.

 

3. Comple...