Dispute over diya after death

A convicted drunk driver is in jail, unable to pay Dh150,000 in diya (blood money) to his victim's family because the victim was travelling under a false identity.

Kaju Ram Kumawat, a 30-year-old Indian, has been in prison since June 2002 after causing a crash that killed his passenger, a 47-year-old Sri Lankan woman.

Several attempts to negotiate a blood-money settlement with his victim's family have failed as it emerged she was using her younger sister's passport.

Until the correct identity of the victim is determined by Dubai authorities, Kumawat is unable to even start blood-money negotiations. This can only happen once authorities in Sri Lanka submit details of the identity mix-up to the UAE.

Kumawat was sentenced to four months in prison for jumping a red traffic light near the Al Quoz factory in Dubai and driving under the influence of alcohol. He has been in jail for more than two years.

The fact that he was drunk meant his insurance would not cover the cost of any blood-money payment. Efforts are being made by the Indian and Sri Lankan consulates in Dubai.

J.K. Verma of the Indian Consulate, said any progress on Kumawat's case will only be possible when a reply comes from Sri Lanka.

"We have all other relevant documents, but we need something in black and white from the Sri Lankan side to say that A was travelling on B's passport. Only then, can we approach the local authorities and make our request.

"We have a letter from Kumawat's father, Sukhdev Ram Kumawat, a copy of the passport that the victim was using, a copy of her actual passport, a copy of the victim's son's passport, her death certificate and the court order."

The story of mistaken identity unfolded when the victim's son came to the UAE. It emerged that her real name was Mallika Perera Kalubowilage and not 33-year-old Deepika Krishanti Kalubowilage.

Mallika is named as Deepika in all UAE records, including her death certificate and court records.

The victim's son cannot claim diya as his mother is under another name in the records. Deepika, the young-er sister, is in Sri Lanka and will not cooperate until the names are corrected.

P.D. Fernando, Sri Lankan Consul General in Dubai, said he is waiting for a reply from the foreign ministry in Colombo.

K. Kumar, convenor of the Indian Community Welfare Committee, said the records must be set straight by the Sri Lankan Consulate and accepted by the court.

"It is only then that we can negotiate. We have gained out-of-court settlements in the past, but in cases where the documentation was clear and accepted in court."

Kumawat spoke to Gulf News from his jail cell in Jumairah and said he is longing to be reunited with his family in India.

"I have a wife and three children who depend on my earnings. I have been in jail for 27 months and just hope everything gets sorted out soon. This accident took place because of my negligence and I am filled with remorse. But I wonder if I will ever be free."