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November 16, 2014|
Compensation is something awarded to a person in recognition of loss, suffering or injury.
Torts are civil wrongs that unfairly cause suffering, loss or harm resulting in legal liability for the person who commits the offence. Hit and run cases and car accidents are the most common examples of 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 death penalty and not compensation, whether wilfully or by an accident. The amount of blood money or Diya payable under the Penal Code is AED 200,000 which can be higher depending on the circumstances or less if mitigating circumstances are found, i.e., the victim was partly responsible for his death or injury. I had a case where my client became sterile because of the accident, which is considered equal to death and was awarded AED 200,000 as blood money. Lawyers, in this case, had to show the judge how it damaged and affected the client's life.
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