The Abu Dhabi Family, Civil, and Administrative Claims Court has issued a ruling requiring a man to return a woman's car in good condition or, if not possible, pay its market value.
Additionally, the man is obligated to pay the daily rental value of the car for the duration it remained in his possession, settle the traffic violations accrued during that period, and compensate the woman with 5,000 dirhams for material and moral damages.
The woman filed a lawsuit to ask the court to get involved and order the defendant to uphold their over-eight-month-old agreement, which is where the case started. The agreement involved the defendant using the woman's vehicle, but he refused to return it when requested. The defendant had been criminally convicted and fined 2,000 dirhams for embezzling the woman's car, which remained in his possession for 250 days.
In its ruling, the court emphasized that the error leading to the defendant's criminal conviction formed the basis for the civil lawsuit. The court stated that the defendant's act of embezzling the vehicle, as proven in the criminal case, constituted the common foundation for both the criminal and civil proceedings, establishing the elements of tort liability.
Regarding the compensation request, the court invoked the Civil Transactions Law, which holds that any harm caused to another obliges the perpetrator to be liable. The defendant's mistake resulted in both material damage, due to the wrongful seizure of the vehicle, and moral damage, manifesting as grief and pain for the plaintiff.
Consequently, the court mandated the defendant to pay 5,000 dirhams in compensation, return the vehicle to the plaintiff, pay a daily rental allowance of 250 dirhams from the date of receipt until actual delivery, cover traffic violations incurred during the possession, and bear associated fees and charges.