Mr. Yousaf Kalan sustained serious injury on 5th January 2016 by hitting a Fujairah registration car, the Dubai Federal Appelatte court increased the lower courts award of AED 2 hundred thousand to AED 9 hundred thousand as a compensation for the accident … reports Asian Lite News.
The Dubai Federal Appelatte court increased the lower courts award of AED 2 hundred thousand to AED 9 hundred thousand in a road accident of an Indian native Mr. Yousaf Kalan (47) of Kalpakenjeri of Kottakal of Malapuram District, State of Kerala.
Mr. Yousaf Kalan sustained serious injury on 5th January 2016 by hitting a Fujairah registration car. Thereafter Mr. Yousaf Kalan was taken to Fujairah and Dibba Hospitals. By this accident Mr. Kalan got unconscious and sustained serious injuries on his head, shoulder, ribs and stomach.
Dibba traffic court found out that both car driver and Mr. Kalan are guilty in the case and fined both accordingly.
After 6 months Mr. Kalan was shifted to India for further treatment. Thereafter relatives of Mr. Kalan and social workers like Yousaf Master, president of KMCC Fujairah, KMCC member Ibrahim Alampad, Indian Social club president Dr. Puthur Rahman etc. assisted Mr. Yousaf Kalan’s treatment in UAE and India, approached different lawyers for filing motor accident claim compensation.
Many lawyers, then it was found that huge amount is needed to the hospitals for the treatment expenses and the involvement of Mr. Kalan’s contributory negligence in the accident also became a reason for refusing accident compensation, lawyers were reluctant to take up the case and filed compensation application in court.
At this situation the relatives of Mr. Kalan, at the instance of some social activists and KMCC members approached the well-known social worker and legal representative of Ali Ibrahim Advocates Sharjah, Mr. Salam Pappinessery being an expert in dealing with this type of complicated legal issues who then promised the success of the case.
Thereafter, Advocate Ali Ibrahim filed compensation application in the court of first instance, Dubai. In the court the insurance company argued that Mr. Kalan is not eligible for getting compensation since he is having contributory negligence on his part in this accident as he was crossing the road carelessly without obeying the traffic rules. However, considering the depth of the injury sustained by Mr. Kalan the primary traffic court awarded AED 2 hundred thousand as compensation.
Thereafter Adv. Ali Ibrahim filed appeal against the order of the lower court for increasing the compensation awarded by the lower court there after hearing the arguments of both sides and considering facts and materials involved in the case the appellate court increased the AED 2 hundred thousand to AED 9 hundred thousand.
Against the order of this appeal court insurance company again filed another appeal in Federal Appellate Court, Dubai for setting aside the order of the appellate court. There also after hearing facts and circumstances of the case the Federal Appellate Court affirmed the judgement of lower court and allowed the compensation amount of AED 9 hundred thousand with cost.
Now, Mr. Salam Pappinessery opined that the lack of expert legal opinion and its effective implementation in court makes it difficult to obtain good awards from the court.