Obliging two shipping companies and a fleeing driver to pay 1.6 million dirhams to an insurance company

A huge copper shipment weighing approximately 49.9 tons, which was on the way to shipping it from the state to India, disappeared in a mysterious way, and the driver responsible for transferring the state left, prompting the company that owns it to demand the insurance company to compensate it for the shipment, and the company actually committed to pay the amount of 1.67 million dirhams to the owner, then demanded the transportation and the driver fleeing the amount, so it ruled in its interest the Court of First Instance in Dubai, and supported the court Appeal judgment.

In detail, the story began when a copper bars factory exported the shipment to its customers in India by contracting transport and shipping companies to secure its arrival, but the surprise was the disappearance of the entire load during the transportation process, and the driver disappeared from view, which made the factory immediately serious losses.

The factory resorted to the insurance company, which paid him 1.67 million dirhams as compensation according to the insurance policy concluded between them, and then moved legally to pursue the responsible parties, so it filed a lawsuit against the shipping companies and the driver, calling for obliging them to return the amount of compensation and legal benefits.

The first instance court ruled in its favor to compel all the defendants to solidarity to pay the value of compensation and interest at 5%, in addition to the expenses and law fees.

In turn, the shipping companies stabbed the ruling before the Court of Appeal, and the first denied its responsibility for the incident on the pretext that its role ended at certain limits of the transportation process, while the other went to push the absence of the shipment at all at all, considering that the papers provided are not enough evidence of the presence of copper on the truck. She was also held in the presence of an arbitration condition that requires the dismissal of the dispute before the courts of the Dubai International Financial Center, and another was based on the provisions of the new maritime law, which defines certain limits for the responsibility of the carrier.

After the appeals of the defendants considered, the Court of Appeal considered that the evidence submitted by the Public Prosecution and the reports of the incident, along with the insurance company documents, are sufficient to prove responsibility. She emphasized that the driver involved was not merely an outlet, but rather a key party to the damage after he left the state and left the shipment to an unknown fate.

The court ruled that the appeals submitted by the two companies and the driver supported their obligation to pay the amount of compensation, benefits, fees and expenses of the case.