Permanently disabled driver wins Dh1.5m compensation

Dubai: A driver, who suffered a 70 per cent permanent disability following a car accident in Dubai, has been granted Dh1.5 million in compensation.

Medical reports confirmed that the 32-year-old Indian driver, V.K., had lost the ability to work and cannot go to the washroom by himself besides needing constant assistance.

The accident happened in April 2012 when an Emirati man, who was driving recklessly and inattentively, ran into the victim’s car and caused him multiple fractures.

The Emirati defendant was referred to the Traffic Court where he was convicted and punished for causing physical injuries to V.K.

V.K.’s lawyer, Karunagappally Shamsudeen, of Al Kabban and Associates, lodged a civil lawsuit against the insurance company [the insurer of the Emirati’s vehicle] seeking Dh5 million in compensation for his client’s moral, emotional, medical and physical damages.

The Dubai Civil Court ordered the insurance company to pay Dh700,000 plus nine per cent legal interest to V.K.

Due to the seriousness and severity of V.K.’s injuries, the victim was airlifted to Rashid Hospital where he underwent several operations as he was unconscious.

Records said the victim bled profusely from his mouth and suffered multiple facial lacerations and bruises on the left side of the face. He also suffered multiple fractures in his legs, arms, shoulders and skull.

“When my client was admitted to hospital, doctors examined him and diagnosed that he had bilateral femur fracture, a fracture in his left patella and left distal radius and a fracture in his jaw. He also had lacerations in the left shoulder and multiple facial fractures. After his situation stabilised, his family shifted him to India for further medical management,” advocate Shamsudeen mentioned in the civil lawsuit.

The insurance company and the claimant [V.K.] appealed the primary ruling [Dh700,000 compensation].

The insurance company’s lawyer asked the appellate court to dismiss the case contending that his client was not liable for compensating the victim after the accident caused by the Emirati.

Meanwhile advocate Shamsudeen asked the Appeal Court to increase the Dh700,000 that was insufficient to compensate his permanently disabled client.

“The insurance company has a civic responsibility towards V.K. The latter became 70 per cent disabled and incapable following the accident. The Emirati driver was convicted and punished for being responsible for the accident. Considering that the car was insured at the insurance company, the latter is obliged to compensate the victim as per the Civil Procedures Law,” argued Shamsudeen.

A court-assigned medical committee examined V.K. and estimated his permanent disability as 70 per cent.

The Dubai Appeal Court recently overturned the primary ruling [Dh700,000] and ordered the insurance company to pay Dh1.5 million in compensation plus nine per cent legal interest to V.K.

The appellate ruling remains subject to appeal before the Cassation Court within two months.