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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The rules on fostering in the UAE
A foster couple or family must:
- be Muslim, Emirati and be residing in the UAE
- not be younger than 25 years old
- not have been convicted of offences or crimes involving moral turpitude
- be free of infectious diseases or psychological and mental disorders
- have the ability to support its members and the foster child financially
- undertake to treat and raise the child in a proper manner and take care of his or her health and well-being
- A single, divorced or widowed Muslim Emirati female, residing in the UAE may apply to foster a child if she is at least 30 years old and able to support the child financially
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The burning issue
The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE.
Read part four: an affection for classic cars lives on
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Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
- 400m Olympic running track
- NBA-spec basketball court with auditorium
- 600-seat auditorium
- Spaces for historical and cultural exploration
- An elevated football field that doubles as a helipad
- Specialist robotics and science laboratories
- AR and VR-enabled learning centres
- Disruption Lab and Research Centre for developing entrepreneurial skills
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Labour dispute
The insured employee may still file an ILOE claim even if a labour dispute is ongoing post termination, but the insurer may suspend or reject payment, until the courts resolve the dispute, especially if the reason for termination is contested. The outcome of the labour court proceedings can directly affect eligibility.
- Abdullah Ishnaneh, Partner, BSA Law
Wicked
Director: Jon M Chu
Stars: Cynthia Erivo, Ariana Grande, Jonathan Bailey
Zayed Sustainability Prize
Other workplace saving schemes
- The UAE government announced a retirement savings plan for private and free zone sector employees in 2023.
- Dubai’s savings retirement scheme for foreign employees working in the emirate’s government and public sector came into effect in 2022.
- National Bonds unveiled a Golden Pension Scheme in 2022 to help private-sector foreign employees with their financial planning.
- In April 2021, Hayah Insurance unveiled a workplace savings plan to help UAE employees save for their retirement.
- Lunate, an Abu Dhabi-based investment manager, has launched a fund that will allow UAE private companies to offer employees investment returns on end-of-service benefits.
It Was Just an Accident
Director: Jafar Panahi
Stars: Vahid Mobasseri, Mariam Afshari, Ebrahim Azizi, Hadis Pakbaten, Majid Panahi, Mohamad Ali Elyasmehr
Rating: 4/5
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Louis Tomlinson
3 out of 5 stars
(Syco Music/Arista Records)
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Director: Ayan Mukerji
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Ferrari 12Cilindri specs
Engine: naturally aspirated 6.5-liter V12
Power: 819hp
Torque: 678Nm at 7,250rpm
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Tips to keep your car cool
- Place a sun reflector in your windshield when not driving
- Park in shaded or covered areas
- Add tint to windows
- Wrap your car to change the exterior colour
- Pick light interiors - choose colours such as beige and cream for seats and dashboard furniture
- Avoid leather interiors as these absorb more heat
The smuggler
Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple.
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.
Khouli conviction
Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.
For sale
A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.
- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico
- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000
- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950
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