Woman obligated to pay Dhs350,000 as compensation to parent

 Abu Dhabi Family, Civil and Administrative Cases Court obligated a woman to pay Dhs350,000 in compensation to the parent of a 14-year-old girl. 

The woman’s negligence and lack of caution caused the girl, who was crossing a zebra crossing on an electric scooter, to sustain multiple injuries including the removal of her right kidney. 

Earlier, the parent filed a lawsuit against a female driver, whose negligence led his minor daughter to be severely injured. 

The final medical report described the minor daughter’s injuries as removal of the child’s right kidney, removal of the tumor and removal of the healthy gland from the right side. 

She also needed surgical intervention on her right kidney to treat the injuries she suffered as a result of the accident, the report said. 

The defendant pleaded that the minor girl was partly to blame as the accident took place when she was crossing the road without taking precautions, noting that she was driving at a low speed, which would make the minor’s error the main reason behind the accident. 

The court stated that the driver’s defense was not based on sound legal or factual grounds, nor did it align with the established facts and the previous final verdict, which fully convicted her and held her directly responsible for the accident. 

Furthermore, the injuries sustained by the minor, according to the final medical report from an officially accredited medical facility, could not have resulted from a low speed as the defendant claimed, the court added. 

The nature and severity of the minor’s injuries, including the removal of a kidney and multiple surgeries, proved that the impact was forceful and inconsistent with the defendant’s claim of driving slowly, it added. 

The court noted that the victim was a minor child and should not legally be held responsible for traffic accidents, adding that crossing the road, even suddenly, should not be considered a reason to avoid responsibility. 

Rather, legislators and the judiciary place the entire burden of caution on the driver and obligate them to reduce speed and take maximum care in zebra crossings, especially when there are children, it said. 

The court explained that the loss of the minor’s right kidney constituted the loss of an entire organ, for which full blood money of Dhs200,000 was due according to Islamic law. 

The minor also suffered other serious injuries, such as surgical interventions, stent placement and permanent damage to her urinary system, resulting in a permanent disability and consequently the compensation for these injuries was estimated at Dhs70,000, the court said. 

Considering the nature of the minor’s injuries as well as the resulting pain, the need for ongoing treatment and care and the psychological and physical pain she endured, the compensation for these injuries was estimated at Dhs80,000, the court added. 

Thus, the total amount of the compensation due should be Dhs350,000 for all moral and legal damages, the court said.