DUBAI:
Umesh Kumar S/o Kumaran of Kasaragod District of Kerala state who was seriously injured in an accident in Sharjah received Rupees 1 crore (AED.575000).
Umesh was working in Dubai RTA at the time of accident. Umesh was sustained serious injury while he was walking through the footpath on 25-sept-2016 in Etihad road at Sharjah. In this accident one Subramanian Babu of Thiruvananthapuram native was also died.
The injured Umesh Kumar was first taken to the Al Qassimi Hospital Sharjah then shifted to Kerala for further treatment. Later the Sharjah Criminal Court found the driver, who was also an Indian, was guilty of the offence and punished imprisonment for two months and with fine AED.200000 dirhams as Diya money to the legal heirs of the diseased.
In this situation Vinod Kumar who was working in Malabar gold Sharjah branch, a relative of Umesh Kumar approached Salam Pappinisseri being a social worker and legal representative of Ali Ibrahim Advocates and legal consultant for filing motor accident claim compensation.
There after Ali Ibrahim Advocates filed Motor accident compensation application in Dubai court against the driver and the insurer of the vehicle. Advocates for the claimant pleaded that the injured Umesh Kumar was the sole bread winner and the earning man of the family. Further it was pleaded that the accident was occurred solely due the negligence of the driver of the vehicle.
After hearing both sides, the Court awarded a compensation amount of one crore (AED: 575000) to the petitioner .There after the insurance company challenged the award in the appellate Court against the order of lower Court.
The appellant pleaded in the appellate Court that the injured was not entitled to get that much amount as compensation as per the documents produced by the petitioner in the lower Court. Moreover they contended that the accident was not occured solely due the negligence of the driver of the vehicle, but the pedestrian Umesh Kumar was also got contributory negligence in the occurrence of the accident.
The appellant also pointed out the Dubai Court’s judgement in 129/2007 case in which the court ordered that compensation amount must be proportionate to the injury sustained by the claimant. in this contest Advocated Ali Ibrahim strongly opposed contentions of the counsel of appellant and established that the accident was occurred solely due the negligence of the driver of the vehicle and compensation awarded by the lower Court is not a huge amount instead it was just and fair according to the injury sustained by Umesh Kumar.
After hearing the arguments of counsels for both side the appeal Court approved the argument of Adv. Ali Ibrahim and rejected the appeal of the insurance company allowing cost to the petitioner The compensation amount was handed over to Umesh Kumar by Adv.Ali Ibrahim, Adv. Talat Anwar and legal representative Salam Pappinisseri in Dubai
