Insurance company ordered to compensate Indian who suffered permanent physical and mental disability
Dubai: An insurance company has been ordered to pay Dh1.5 million in compensation to a worker, who suffered permanent physical and mental disability following a car accident in March 2017.
An Emirati man was speeding in his Mercedes Benz when he mowed down the Indian worker, Israr Ekramuddine, who was trying to cross the Falaj Al Mualla Street in Umm Al Quwain (UAQ).
The Traffic Prosecution in UAQ accused the 29-year-old driver of causing critical injuries to the Indian, driving recklessly, speeding and wrecking the car.
The Traffic Court in UAQ found the accused guilty and fined him Dh1,000.
The victim’s legal guardian approached legal consultant Salam Pappinessery of Ali Ebrahim Advocates and Legal Consultants to lodge a civil compensation claim against the insurance company where the Emirati had his car insured.
Due to jurisdictional purposes, Pappinessery filed a civil lawsuit before the Dubai Civil Court seeking Dh5 million in compensation against Ekramuddine’s moral, mental, medical and physical damages.
Defending the claimant in court, advocate Ebrahim said: “The victim suffered 100 per cent permanent disability as he lost the ability to speak. He also lost the ability to control his urination and excretion. He has become impotent and suffers from permanent erectile dysfunction. The horrendous accident left him with the inability to breathe normally. He has become quadriplegic and cannot move at all. The fact that he became mentally and physically disabled requires him a fulltime medical care in addition to constant physiotherapy.”
Advocate Ebrahim further provided the Civil Court with the medical reports that his client suffered critical injuries in his head, mouth and stomach. “The head injury made Ekramuddine suffer memory loss and the injury in his face led to aphasia. He cannot do his primary needs without assistance,” argued Ebrahim.
The insurance company dismissed any accountability and asked the court to dismiss the lawsuit.
Presiding judge Salem Mohammad Al Qaidi ordered the insurance company to pay Dh1.5 million in compensation.
Advocate Ebrahim appealed the primary ruling before the Appeal Court seeking to have the compensatory amount increased. The insurance company’s lawyer also appealed the judgement seeking to have the case dismissed.