A young Indian student has received Dh5 million in compensation after suffering severe brain damage in a bus accident that killed 17 passengers in Dubai four years ago.
Muhammad Baig Mirza, a 24-year-old Dubai resident, was among 13 injured when the Omani driver crashed into a height restriction barrier near the Rashidiya metro station on June 6, 2019.
The passengers were returning to the UAE from Oman after the Eid Al Fitr holiday.
Hyderabad-born Mr Mirza was initially awarded Dh1 million in compensation last March by a special insurance court comprised of judges, insurance experts and the Central Bank.
The accident ended all Muhammad’s dreams and his chance of living a normal life
Easa Anees,
senior legal consultant
But the family appealed to the Dubai Court of First Instance which raised the amount to Dh5 million, lawyers said.
“The insurance company then approached the Cassation Court twice challenging the decision,” Easa Anees, a director at FranGulf legal consultants, told The National.
The Cassation Court, the highest court in Dubai, sent it back to the Appeals Court, which then upheld the Dh5 million award.
“This is a record-breaking compensation awarded to an Indian expatriate in the UAE in a motor vehicle accident case and it is a historical judgment," said Mr Anees.
“The accident ended all Muhammad’s dreams and his chance of living a normal life. His family have gone through so much mental strain and emotional trauma.”
The 2019 bus accident shocked the country when more than half the 31 passengers died after the driver hit an overhead metal barrier that ripped through the left side of the vehicle.
Mr Mirza was returning from Muscat where he had spent the Eid holiday with his mother’s family.
A bright student and a keen sportsman, Mr Mirza had been due to appear for examinations a few days later, hoping to gain a diploma in mechanical engineering. The 20-year-old was unconscious for 14 days in Dubai’s Rashid Hospital where he received treatment for more than two months. He was later moved to a rehabilitation centre for several months.
The accident left him with injuries to his skull, ears, mouth, lungs, arms and legs. Forensic medical experts assessed the extent of his injuries and submitted a report that concluded he suffered 50 per cent brain damage.
Based on the findings of the forensic report, the Dubai Court of First Instance directed the bus insurance company to pay the higher compensation.
“He has short-term memory loss and has very severe damage to his brain,” Mr Anees said.
“Muhammed forgets easily so he will ask for food or medicine an hour after he has eaten. He cannot walk steadily and drags his leg. He is often violent and then apologises for it.”
Mr Mirza’s parents declined to speak to the media but were relieved the compensation would help pay for their son’s care, his lawyers said.
“His family will invest in treatments he requires and also save for his future,” said lawyer Mohammed Fazil, who handled the case.
“The family is deep in debt so receiving the compensation amount was a relief to their heart.
“They will never get their son back. He enjoyed playing football, volleyball and was good in academics.
“He had such a bright future ahead of him and now his behaviour is unpredictable.”
Mr Mirza and his family are still in Dubai. The cheque was handed over to the family on Wednesday.
Compensation amounts have been handed out to victims and relatives since last year, with families receiving upwards of Dh200,000.
The Omani bus driver, who was found to be travelling at more than double the speed limit, had his prison sentence reduced to one year from seven years.
Survivors and their relatives have said they continue to struggle, with many families losing their sole breadwinner.
The 17 passengers who died included 12 Indians, two Pakistanis, an Irish woman, an Omani and a Filipina.
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Contributed by Thomas Vanhee and Hend Rashwan, Aurifer
