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Indian gets over Dh500,000 compensation for road accident injury
Sharjah/Dubai - He sustained serious injuries while another Indian resident died in the accident.
Kumar, who was working with the Road and Transport Authority Dubai (RTA) at the time of the accident, was walking on a footpath on the Etihad Road in Sharjah on 25 September, 2016. He sustained serious injuries while another Indian resident died in the accident. Kumar was first taken to Al Qasimi Hospital Sharjah, and then shifted to Kerala for further treatment.
The Sharjah Traffic Misdemeanour Court found the 21-year-old Indian driver guilty and sentenced him to two months in jail, suspended his driving licence for three months, and ordered him to pay Dh200,000 as Diya or blood money to the legal heirs of the deceased.
The ruling has now been confirmed by the Appeal Federal Court.
A relative of Kumar approached Salam Pappinisseri, a legal representative of Ali Ibrahim Advocates and Legal Consultants, for filing a compensation case at the Dubai Civil Court against the driver and vehicle insurer.
The lawyer pleaded that Kumar was the only breadwinner of the family and the accident was solely blamed on the negligence of the driver. The court, having heard both sides, awarded a compensation amount of Dh508,178 to the petitioner. However, the insurance company challenged the ruling in the Dubai Civil Court of Appeal.
The appellants pleaded the injured was not entitled to get the compensation as per the documents in the lower court.
They added that the accident was not only blamed on the negligence of the driver of the vehicle, but Kumar also shared responsibility.
The appellants pointed out that the Dubai Civil Court, in a similar case in 2007, ordered the compensation amount must be proportionate to the injury sustained by the claimant.
Kumar's lawyer affirmed that the accident was only due to the negligence of the driver of the vehicle and the compensation awarded was fair.
Having heard the arguments of both sides, the Dubai Court of Appeal approved the argument of Kumar's lawyer, turned down the pleading of the insurance company, and upheld the compensation ordered by the lower court.
ahmedshaaban@khaleejtimes.com
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