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Thursday, April 25 2024
Mangaluru

Sharjah Accident: M’lurean victim returns after winning battle for compensation!

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Sharjah/Mangaluru: After several months of waiting in agony, Chandramohan from Mangaluru, who after meeting with an accident was left partially paralyzed and was being treated in Qasimiya Hospital Sharjah for more than 3 months was finally discharged today, February 3 and was flown to Bengaluru for further treatment.
All this is said to have been made possible with the intervention of Dubai based Social Worker, Shodhan Prasad, who, on being requested by the victims friends ensured that he received partial compensation from the Employer along with air tickets for himself (6 seats for stretcher), and for a nurse, colleague and his brother to accompany him plus the charges of the hospital was made to settle.

Moreover, an insurance claim has been lodged with the insurer of the vehicle with a special request, though the chances are minimal, hoping that some compensation on ex-gratia may be received.

Background of Accident:

Chandramohan aged 38, a native of Puttur, Mangaluru who was toppled in a tragic Pick-up Accident in Sharjah last October is bed ridden for life.  

Hailing from Bilinele, Putttur, Chandramohan was working as a technician in a Fire Equipment Maintenance Company in Sharjah for the past one year.  On the fateful day of October 11, last year, while he was travelling back from duty in their Company pick-up along with other staff the tyre burst and the vehicle toppled leaving Chandramohan badly injured with broken back, neck and spine.

He was in a coma in the ICU of Al Qassmia Hospital, Sharjah for the past one and half month and later was shifted to the ward.  However, with various surgeries conducted by doctors therein and with an artificial plate fixed to his lower neck he is been able to just lean back and sit; but unable to talk or walk and communicates with just hand signs.

Chandramohan’s brother Poornachandra travelled to Dubai to be with his brother and later through some of his known friends in Dubai came across Social Worker Shodhan Prasad who immediately visited the hospital to know about the case.

Battle for Justice:

After a careful study of the case it was learnt that the accident vehicle had a cover limited to Third Party Liability Insurance only and in the absence of Personal Accident Benefit cover in the vehicle, the Insurance Company declared no compensation under the Motor Insurance Policy.  
Further, since those travelling during the accident were all company staff in a company vehicle, no benefits were given unless a separate Personal Accident Insurance was in force.  Additionally, the company has not taken any other policy to cover the medical expenses for Chandramohan. Upon investigation it was known that the driver of the vehicle was absconding though initially it was said that he was held in Police custody.

Learning about the issue, Shodhan arranged for a meeting with the Employer and discussed in detail on how the driver who is responsible for the accident is not behind bars while the victim is still in the hospital in a critical condition.
 He visited the police station too, along with the victim’s brother only to receive a negative response.  
In the meeting with the employer, Shodhan requested that proper compensation be given to Chandramohan since the accident was due to the negligence of the driver employed by the same employer and that Chandramohan was not at fault at any time and that too the accident happened whilst coming back from official duty.

The employer resisted and ignored the request.  He also said that he was prepared to fight court trials.  This forced Shodhan to take up the case further with the Indian Workers Resource Centre in JLT and get free legal opinion from the legal counsel there.

Later, with the help of free legal service, a case was lodged in Labour Court.  Learning about these developments the Employer came forward for a compromise stating that he will contribute a small compensation if the case is withdrawn.  However, with a firm note the case was not withdrawn and later the Labour Court concluded by referring the case to the Civil Court.  Since the situation of Chandramohan was not favorable and he needed further medical attention, it was decided that he should be taken to India for further treatment.

Meanwhile, an advocate was appointed and a Power of Authority was handed over to a family relative of Chandramohan to take the case further in the absence of the victim.
 
This was done on the request of his brother Poornachandra. While all these documents were getting ready for the case, the Employer is said to have made a request yet again to withdraw the case knowing that he will have to face the consequences in the upper court.
After various meetings, he finally agreed to provide one fourth of the total compensation claimed in cash and then paying 3 years salary in monthly installments and also sharing the compensation he may receive from the Insurance Company later, after paying off the hospital bills and other medical bills.
Looking into the current situation of the victim, the brother and relatives of Chandramohan agreed with the consent of Shodhan and signed off all the legal documents waiving the court case against the Employer after receiving the funds.

Tonight, they will be flying to Bangalore for further treatment with a hope that one day Chandramohan will be able to stand on his feet to support his family.  Chandramohan is now bed ridden and may be able to stand up with some miracle, supported with his strong will to fight for it internally.

He may take a very long time to heal along with the support of his family and well-wishers.
 
Chandramohan is married with two children (one 8-month-old girl and 2 and half year old boy) and is the only bread earner of his family.

Though he has received partial compensation now, it may not be sufficient to support his medical expenses fully and provide for his family.

A small contribution from well wishers should give him further strength in his fight.

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