Duabi appeal court has granted Rs 1.81 crore as compensation for a Kozhikode native in connection with an accident case.
The court has raised the compensation granted by the lower court from two lakh dirhams to nine lakh dirhams after dismissing the appeal of insurance company. Yosuf Kalan, 47, a native of Kozhikode was seriously injured in an accident when he was hit by a Fujairah registration car. Fujairah Jibba police registered the case after finding out the victim and car driver.
Yusuf Kalan was admitted to a hospital at Fujariah Dibba and conducted a surgery. Later, he was shifted to a hospital at his native place. Several persons including his relatives and social activists KMCC president Yusuf Master, office-bearers Ibrahim Alampadu, Fujairah Indian Social Club president Dr Puthoor Rahiman approached for compensation through a lawyer. But the request was declined as it was found that Yusuf Kalan was also an accused in the case.
The relatives if Yusuf Kalan approached legal representative from Sharjah, Salam Panninissery. A case was filed against the insurance company and the driver of the car at the Dubai court through Advocate Ali Ibrahim.
The lawyer appearing for the insurance company questioned the right of the court to consider such a case. It was argued that the accident occurred not due to the negligence of the driver but by crossing the road carelessly.
The court pointed out that it was the right to interfere in such a case through Article 37 of Federal Civil Law. The court said that the verdict of criminal case can be considered as evidence.
It was pointed out that due to the accident Yusuf Kalan was not able to work for a livelihood and the court granted two lakh dirhams as compensation. It was argued at the court that the complainant should get 10 lakh dirhams as compensation considering his serious injuries in the accident. The appeal court raised the compensation to nine lakh dirhams after finding out two lakh dirhams is is not sufficient.
Salam Pappinissery said that several cases which are coming up at the court are not getting adequate compensation due to lack of expert advice and not properly presenting the case at the court.
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