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Mohammed Hashir Al Maktoum
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Publications: Criminal Law

DATE PUBLISHED: 2014-11-16

The National - in the UAE, Compensation Is Divided into Two Categories:Tort and Contractual Liability

Compensation is something awarded to a person in recognition of loss, suffering or injury. But in the UAE, it is divided into two: Tort and Contractual liability.

Torts are civil wrongs that unfairly causes suffering, loss or harm resulting in legal liability for the person who commits the offense. Hit and run cases and car accidents are the most common example for this.

"When setting the compensation, the judge will consider several things: physical damages - has the victim sustained any injuries; has he or she gone to the hospital; moral damages - has that person gone through any pain, how is he feeling emotionally; and financial damages - has the victim lost his job, will he be able to work again, was he supporting children."

Diya or blood money, is a penalty for death and not a compensation, whether willfully or by an accident. Minimum fined imposed for this by the court is Dh 200,000 which can be higher depending on the circumstances or lessen if found to be in any way to be responsible on its own death. I had a case where my client become a sterile because of the accident, which is considered to equal death and awarded with Dh 200,000. Lawyers for this case has to show to the judge how it damaged and affected the client's life.


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