A 22-year-old grocery delivery rider was awarded Dh5 million as compensation after a car accident left him paralysed. According to his lawyers, this is a landmark judgement that will help the man continue his treatment to regain some of his abilities.
Shifin Ummer Kummali suffered 100 per cent paralysis after the accident. A court awarded the compensation last year, but the money was handed over to Shifin’s parents during a conference on Monday in Dubai. According to a source close to the case, it took a year of formalities and work to get the payout.
Shifin, who worked in a grocery store in Al Ain, was on his way to make a delivery in March 2022 when a vehicle driven by an Arab youth rammed into him and drove away without stopping.
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“Authorities worked very hard to pull the CCTV footage and ascertain the cause of accident as well as find the driver,” said Anees Easa, Director and Consultant at Frangulf Advocates. “The compensation was paid by the insurance company. The driver was fined Dh5,000 for his negligence. An additional Dh73,000 was also awarded to the family for their legal expenses.”
Easa noted that the case was significantly aided by the fact that both Shifin and his motorcycle were insured. “A lot of delivery boys go out on electric cycles and scooters,” he said. “If one of them gets into an accident, not only will they not get any compensation but they will be liable for any damages they cause.”
Key factors
Emirati lawyer Fareed Al Hassan, who represented Shifin in court, highlighted several key factors that influenced the compensation amount. “He was a young man and the only breadwinner for his parents,” he said. “He is completely paralysed which means he will need help for many years to come if not his entire life. His father had to quit his job to care for him. So all these factors contributed to the amount of compensation.”
Initially, the Insurance Authority Court awarded Dh2.8 million in compensation to Shifin’s family. Recognising the severity of Shifin’s injuries as well as his ongoing and future medical needs, the legal team pushed for a higher amount. Their efforts paid off, as the Appellate Court increased the compensation to Dh5 million, a verdict later upheld by the Supreme Court.
Easa explained that, given Shifin’s condition, the courts viewed him as a dependent under his father’s guardianship when making their decision. “At one point in the case, the court also wanted to see his mother,” he said. “So we flew her in from India. We made sure that we left no stone unturned to secure this settlement for his family. If they did not get the amount, they would have had to resort to begging or launch fundraisers to care for their son. This amount has maintained the family’s dignity.”
‘We are hopeful’
Shifin’s father, Ummer Kummali, worked at a cafeteria in Saudi Arabia and came to the UAE to care for his son after the accident. “When I saw him for the first time, he was in a terrible condition,” he said, speaking to Khaleej Times. “The doctors told me that he would only live for another five days at most. My heart broke when I saw my boy like that.”
Realising that his only son needed his full-time attention, Ummer resigned from his job of 28 years and moved to the UAE. He dedicated one and a half years caring for Shifin across three different hospitals in Al Ain and Abu Dhabi. Late last year, he brought Shifin back to their hometown in India, where his mother and two older sisters now continue to care for him.
According to his mother, Shifin’s condition has shown some improvements since he began physiotherapy and other treatments. “When I call him, he takes a minute or two to recognise my voice and then looks at me,” she explained. “He can sit up with assistance. He has to be fed only liquids and now, he is able to signal when his stomach is full. Occasionally, when his nieces and nephews visit and play, I notice tears in his eyes.”
She said that the family is now considering taking Shifin abroad for further treatment. “I am still dreaming of a day when my son will call out to me,” she said. “Doctors are saying there are some new surgeries which may restore his ability to speak. This money will hopefully help us restore him to a situation where he can do some basic activities on his own. The physiotherapist has said that she can see that Shifin is trying his best. So we are hopeful.”
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