Khaberni - The Al Ain Court for Civil, Commercial, and Administrative Claims ruled that a man must pay another AED 25,000 as compensation for the material and moral damages incurred from the assault on him by beating and verbal abuse in public, noting that the defendant caused the plaintiff sustained injuries proven by a medical report, affecting the integrity of his body, honor, and dignity.
In detail, a man filed a lawsuit against another man and a woman, requesting that they jointly pay him AED 100,000 in compensatory damages for material and moral damages incurred, along with statutory interest, and that they be ordered to pay the fees, expenses, and attorney fees. He mentioned that the first defendant assaulted him by beating and verbal abuse publicly on the street, grabbing his clothes and dragging him, using language that derogates honor and consideration, all of which occurred in plain sight and hearing of the public and alongside the second defendant. They also filed a malicious complaint against him claiming his aggression towards them, which the Public Prosecution ended up dismissing due to the frivolity and vindictive nature of the accusation, causing him severe material and moral damages, especially since he works in teaching, a profession that requires respect and consideration. The first defendant was criminally found guilty, while at the end of the proceedings, the first defendant submitted a memorandum requesting the dismissal of the lawsuit, alternatively adjudging a reduced compensation proportional to the actual damage proved, without interest or solidarity, and ordering the plaintiff to pay the fees and expenses. The second defendant submitted a memorandum requesting the lawsuit be dismissed against her, rejecting the claim for solidarity and ordering the plaintiff to pay fees and expenses, based on the absence of elements of tort liability against her and the lack of a conclusive criminal conviction denouncing her, pointing out that the filings made are not evidence of malice or abuse of rights.
The court clarified in the reasoning of its judgment that it is evident from the documents that the first defendant was convicted by a conclusive criminal judgment, hence establishing his fault, which implies tort liability, and the Civil Court is bound by its probative value in this respect. The judgment records indicate that the first defendant assaulted the physical safety of the plaintiff and caused him injuries confirmed by a medical report, which consequently inflicted material and moral damages affecting his physical security, honor, and dignity; thus, the court sees the elements of tort liability present in his case, from fault to damage and causal link, necessitating compensation.
The court rejected the plaintiff’s request to hold the defendants liable for compensation due to the abuse of the right to litigation, noting that reporting crimes is a public right whether for the victim or others, and it does not require the reporter to verify the veracity of the information beforehand, as this is the responsibility of the relevant authorities. Therefore, the reporter is not liable for compensation for any damages the report may cause the reported party, unless there is abuse in exercising this right through malicious intent or recklessness, and acquittal from a crime due to absence of criminal intent does not indicate the falsehood of the report.
The court indicated that the documents lack evidence proving the second defendant’s participation in the harmful act stated in the criminal judgment, or independent fault on her part that warrants her tort liability; therefore, the lawsuit against her lacks valid legal or factual basis.
Finally, the court ruled to dismiss the lawsuit against the second defendant and ordered the first defendant to pay the plaintiff AED 25,000 as stated in the reasons, along with a suitable amount of fees and expenses, and rejected any other claims.
