An Arab man paid dearly for insulting an Asian man on WhatsApp, when the latter punched him in the right eye, blinding him. Both men were referred to the Criminal Court, which fined the first man 1,000 dirhams, and sentenced the attacker to six months in prison and deportation.
The victim of the assault filed a civil lawsuit before the Dubai Courts, demanding compensation for the severe injuries he sustained and the psychological harm he suffered. The court awarded him AED 100,000 in compensation.
In detail, an Arab national filed a civil lawsuit demanding that an Asian citizen pay him AED 150,000 in compensation for the material and moral damages he suffered as a result of the assault on his physical integrity, in addition to 12% legal interest from the date of the claim until full payment.
In his statement of claim, he stated that he and the defendant were referred to the Dubai Public Prosecution Office due to a dispute that occurred between them. He was charged with insulting another person using an information technology device, while the other party was charged with unintentionally assaulting another person’s physical integrity, resulting in permanent disability.
He added that the defendant attacked him because of the message he had sent him, punching him in his right eye, causing retinal detachment and the loss of his vision. This constitutes a permanent disability of 35%, according to the forensic report.
He pointed out that the first-instance court sentenced the defendant to six months in prison and deportation from the country. He appealed the ruling before the Court of Appeal, but the court rejected the appeal and upheld the initial ruling. He then proceeded to the Court of Cassation, which closed the criminal litigation process by upholding the first-instance ruling.
The plaintiff continued that after the verdict became final, and given his severe injuries to his right eye, various parts of his head, and the loss of his sight, he resorted to civil court proceedings to obtain compensation for the material, physical, and moral damages he had suffered.
He submitted, in support of his claim, a document portfolio containing a copy of the medical report, criminal rulings from the courts of first instance, appeal, and cassation, and a certificate from the Public Prosecution stating the finality of the ruling.
After examining the case, and in light of the defendant’s failure to appear despite being notified, the civil court reserved the case for judgment, and stated in its grounds that according to the laws of evidence and criminal procedures, and the established jurisprudence in the Dubai Court of Cassation, the civil court’s obligation to abide by the judgment issued in the criminal case is limited to what the criminal judgment necessarily decided regarding the occurrence of the act that constitutes the common basis between the civil and criminal cases, and regarding the legal description and attribution to its perpetrator. If the criminal court finally decides on these matters, the civil court must abide by them, and refraining from re-examining them does not result in a violation of the conclusiveness of the previous criminal judgment.
She explained that according to the Dubai Court of Cassation, moral damage is defined as anything that affects dignity, feelings, or honor, including psychological pain. The assessment of this damage and the resulting compensation falls within the jurisdiction of the trial court, provided the law does not require specific assessment criteria.
She pointed out that the court found that the defendant had committed a mistake in assaulting the victim’s physical integrity by punching him in the eye and various parts of his head, which led to retinal detachment in his right eye, which has now led to the loss of his sight in that eye, which constitutes a permanent disability and bodily harm to the plaintiff, as indicated in the forensic report.
He pointed out that there was other material damage that he suffered, represented by the expenses of his treatment, and his absence from his work and interests, in addition to the moral damage that he suffered as a result of the pain, regret, and feelings of oppression and belittlement he suffered as a result of the assault to which he was subjected, for which the court estimated the compensation for these damages at an amount of 100 thousand dirhams, in addition to the legal interest at a rate of 5% from the date the judgment becomes final.
