A recent tragic accident in the Emirates Road in UAE caused death of seven people and left nine injured. The Dubai police said that the minibus driver failed to maintain safe distance which resulted in a collision with the stationary truck. Such saddening tragic incident often raises questions about significant legal questions regarding the compensation, criminal liability and rights of the families of those who lose their lives in road traffic accidents. Under UAE law, where a person’s death is caused negligently or accidentally, the concept of Diya (blood money) may become applicable.

Blood Money in Traffic Accident Cases

  1. Article 393 of the Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law mentions about negligent or accidental killing which states a person may face criminal penalties if their careless, reckless, or negligent actions result in another person’s death.
  2. The court may impose imprisonment, a fine, or both depending on the circumstances of the case and the punishment becomes more severe if the accident was caused because the offender violated professional or occupational duties and was under the influence of alcohol or narcotic substances at the time of the incident or if they failed to help the victim despite of being capable of doing it.
  3. Where the negligent act causes the death of more than three people, the law provides for a stricter punishment of imprisonment ranging from two to five years, together with a fine.
  4. If the accident causes death of three people along with the above aggravating circumstances are also present then the penalty increases further to imprisonment ranging from three to seven years, in addition to a fine.
  5. Article 30 of the UAE Penal Code states that a person unlawfully causes another person’s death in circumstances where Diya applies, the court may order payment of AED 200,000 to the victim’s heirs or family. The UAE law treats the Diya amount equally for males and females. The law further authorises the Cabinet, upon the proposal of the Minister of Justice, to increase or decrease the prescribed amount in the future.

Diya commonly arises in fatal road accidents. The courts assess:

  1. Negligence
  2. Contributory fault
  3. Road conduct of the victim and accused

In Dubai Court of Cassation Case No. 111/2020, a girl died in a road traffic accident, and the question before the court was whether the parents could claim compensation for moral damages along with Diya. The court held that compensation for moral damages can be awarded in addition to Diya. Diya does not prevent victims’ families from claiming additional damages. An important principle established in this case was that the parents’ grief and emotional suffering resulting from the death of their daughter entitled them to separate moral compensation despite already receiving blood money.

Conclusion

The Emirates Road tragedy serves as a reminder of the serious legal consequences that may arise from negligent driving in the UAE. In cases involving fatalities, the law not only provides for criminal penalties against those found responsible but also seeks to compensate the families of victims through the payment of Diya. As investigations into such incidents continue, the specific liability and compensation will ultimately depend on the facts established before the competent authorities and courts.

We at Ayesha Aldaheri Advocates & Legal Consultants assist clients in matters relating to criminal liability, compensation claims, traffic accident disputes, and legal proceedings involving Diya under UAE law.