A compensation of 5 million Nepalese rupees to a Nepali national, who met with a car accident.
A Dubai court has ruled to pay compensation of 5 million Nepalese rupees (one lakh fifty thousand dirhams) to Bishuo Ariyali, a Nepali national, in a car accident, through the intervention of YAB legal services CEO Salam Pappinissery.
On November 03, 2020, an Emirati national was driving a vehicle that violated traffic laws within the limits of the Muraqabat Police Station in Dubai and hit another vehicle, which then hit Bishwa's bike, causing an accident. The court found that the accident was due to the negligence of the Emirati national, and the Traffic Criminal Court fined the driver 1000 dirhams and released him.
Subsequently, Bishwa, who suffered serious injuries in the accident, approached YAB LEGAL SERVICES - CEO and social activist Salam Pappinissery to seek compensation. Later, through his intervention, a case was registered against a leading insurance company in the UAE and the driver of the vehicle by submitting medical reports and police reports before the Insurance Authority. In that case, the Insurance Authority asked the insurance company to pay 150000 dirhams in compensation.
However, the insurance company filed a civil case in the Dubai court, claiming that Bishwok had not suffered any significant injuries according to the documents submitted and that the amount awarded was excessive and that it should be reduced. When the case reached the court, Bishwo's lawyer submitted a reply memorandum with strong documents, including medical reports.
The insurance company's arguments could not stand up to the documents and arguments submitted by Bishwo's lawyer to the court. The court found that the fault was on the part of the driver of the vehicle and that Bishwo had suffered serious injuries according to the medical report, so the insurance authority should pay the amount awarded. Later, the insurance company went to the appeal court with the same argument, but it could not stand up to the reply memorandum containing sufficient documents submitted by Bishwo's lawyer. It was found that the medical report submitted at the time was sufficient to assess the injuries and compensation and the insurance company's argument was completely rejected.
Based on the medical report submitted by Bishwa's lawyer and the injuries sustained as per the court's findings, the appeal court ordered Bishwa to pay 150,000 UAE dirhams, or 5 million Nepalese rupees, plus 5 percent of its statutory value.