The Abu Dhabi Family and Civil and Administrative Claims Court ordered a young man to pay a man 100,000 dirhams in compensation for the moral damage he sustained as a result of sending messages containing insulting and slanderous words to the plaintiff, which is a form of discrimination based on race and color.
The details of the case refer to a man filing a lawsuit against a young resident, in which he demanded that he be obligated to pay him an amount of 400,000 dirhams as material and moral compensation and oblige him to pay fees and expenses and in return for fees, noting that the defendant calibrated him with his color and race as he insulted, slandered and threw his wife through phone messages. He was convicted under a penal verdict.
For its part, the court clarified in the merits of its ruling, that it is established according to the Civil Transactions Law that every harm to others obliges the doer, even if he is not distinguished, to guarantee the harm, noting that what is established from the penal ruling is that the defendant was referred to the criminal trial on several charges, including the accusation of creating a form of discrimination On the basis of race and color, by calumulating the victim (the plaintiff) with his race and color in one of the ways of expression by sending him text messages indicated in the investigations bearing the aforementioned discriminatory terms. His family was indicted on these charges and the conviction was upheld.
The court indicated that from the case papers, this error is the reason for the damages to the plaintiff, and the illegal act on the basis of which the criminal case was filed was the same on which the civil case was filed, and this act resulted in moral damages to the plaintiff represented in the grief that befell him He was saddened by what the defendant had done.
The court rejected the plaintiff’s request for compensation for material damages, noting that the guarantee is to be estimated by the damage incurred and the loss of earnings, provided that this is a natural result of the harmful act. The case papers were devoid of any evidence that the plaintiff sustained material damages The court ruled to obligate the defendant to pay the plaintiff an amount of 100,000 dirhams, one hundred thousand dirhams in compensation for all moral damages that had befallen him, and obligated him to pay fees and expenses and rejected other requests.
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