Abu Dhabi court orders airline to pay Dhs10,000 compensation to a passenger for not providing her proper seat

The Abu Dhabi Family, Civil and Administrative Cases Court has ordered an airline to pay Dhs10,000 in compensation to a female passenger who had booked a flight with them from Abu Dhabi to another country.

However, when she boarded the plane, she found that her seat was not properly secured. She asked the crew to resolve the issue, but they took no action, resulting in her sustaining injuries.

Upon arrival at her destination, she was taken to a clinic for treatment and given an anti-venom vaccine. After completing the treatment, she continued her journey, and a specialist doctor examined her upon her arrival at her final destination. She also received treatment upon her return to the UAE.

Specifically, a female passenger filed a lawsuit against the airline, requesting that it be ordered to pay her Dhs50,000 in full compensation for all physical, material and moral damages resulting from these serious incidents, plus legal interest at 9% from the date of the claim until full payment is made. The airline was also asked to cover all fees and expenses.

In the grounds for its ruling, the court explained that, based on the case documents and attached reports, it was evident that the passenger had suffered material and moral damage as a result of the act attributed to the airline.

This act was represented by a defect in the passenger seat, which compromised her physical safety and resulted in wounds, constituting direct material damage to her right to bodily safety, which is protected by law.

In addition, the passenger suffered psychological distress, pain, regret and fear, which is included in the category of moral damage and must be compensated for.

This text implies that the pillars of tortious liability are based on three elements: error, damage, and the causal relationship between them. Having found these elements present in the present case, the court believes that its request is based on sound facts and legal grounds.

The court cannot be blamed for ruling in favour of full compensation for all material and moral damages, given that it is aware of the elements of damage on which its assessment was based, as the purpose of compensation is to redress the damage.

Full compensation, without excess or negligence. Therefore, based on its discretionary power, the court deemed that fair and sufficient compensation for the material and moral damages suffered by the passenger was Dhs10,000.