Adel Arafa - Khaleej Times

29 April 2010,

ABU DHABI — The Federal Supreme Court has upheld the verdicts of lower courts that ordered a contractor to pay Dh200,000 in blood money to the heirs of a worker who was killed while on duty due to the former’s negligence in taking adequate safety measures and Dh5,000 in fine.

The public prosecution had charged the contractor with causing the death of the worker by failing to put in place proper safety and security systems. The worker died on the spot as he fell from a scaffolding at a worksite in Sharjah on December 18, 2008.

On January 19 last year, the Sharjah Court of First Instance slapped a fine of Dh5,000 on the contractor for not installing safety and security systems at the worksite. He was also ordered to pay Dh200,000 in blood money to the heirs of the deceased.

He contested the verdict at the Sharjah Federal Court of Appeal demanding that the site engineer and the foreman should also be held accountable.

The workers and company officials confirmed before the court that the site engineer and the foreman had asked the contractor to provide safety and security equipment several times but he did not.

Consequently, the court turned the appeal.

The contractor moved the Federal Supreme Court, demanding to drop payment of the blood money from the verdict on the ground that the worker was a partner in the crime as he had agreed to do the job without the provision of safety measures.

The apex court ruled that providing safety and security devices is the responsibility of the contractor as per Article 66 of the Federal Penal Code No 3 of 1987. According to the law, accidental homicide entails payment of the blood money.

The court turned down the challenge and ordered the contractor to pay the blood money (Dh200,000) to the heirs of the deceased worker. He was also fined Dh 5,000 for not installing safety and security systems at work site.