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SHARJAH ACCIDENT VICTIM MANGALOREAN CHANDRAMOHAN FINALLY RECEIVED PARTIAL COMPENSATION AFTER LONG FIGHT

Mangalorean Chandramohan who was a victim of vehicle accident, partially paralyzed and was in Qasimiya Hospital Sharjah for more than 3 months, finally got discharged today and flown to Bangalore on stretcher for further treatment.

With the intervention of Dubai based Social Worker, Shodhan Prasad through the request from friends of the victim, Chandramohan received partial compensation from the Employer along with air tickets for himself (6 seats for stretcher), and for nurse, colleague and his brother to accompany him plus the charges of the hospital was made to settle.  Moreover insurance claim has been lodged with the insurer of the vehicle with a special request, though the chances are minimal, hoping some compensation on ex-gratia may be received.

Chandramohan aged 38, a native of Puttur, Mangalore 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 11th October this year while he was travelling back from duty in their Company pick-up along with other staff the tyre got burst and the vehicle tumbled leaving Chandramohan badly injured with broken back, neck,, spine and below the waist.  He was in coma and in ICU at Al Qassmia Hospital, Sharjah for the past one and half month and later was being shifted to the ward.  However, with various surgeries conducted by doctors therein and with 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 came on visit after knowing of the situation 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. After his careful study of the case it was learnt that the accident vehicle had 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 available under the Motor Insurance Policy.  Further since those travelling during the accident were all company staff in company vehicle, no benefit is covered unless a separate Personal Accident Insurance be there in force.  Additionally the company has not taken any other policy to cover the medical expenses for Chandramohan. Upon investigation it came to know that the driver of the vehicle was absconding though initially it was said that he was held in Police custody.

Learning on this issue, Shodhan arranged a meeting with the Employer and discussed in detail on how the driver who is responsible for the accident is not behind bars when the victim is still in hospital in critical stage.  He visited the police station too along with the victims brother to get no proper answer.  In the meeting with the Employer, Shodhan requested proper compensation 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 the official duty.

The employer resisted and ignored the request.  He showed his ignorance and said he will not mind to face court trials too.  This forced Shodhan in taking up the case further with 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 development 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 favourable in hospital and 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 by the request of his brother Poornachandra. While all these documents were getting ready for the case, the Employer again came to the hospital and begged to withdraw the case knowing that he will have to face the consequence in the upper court.  After various meetings he finally agreed for compensating 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.  The fate of Chandramohan is now bed ridden for life and may be able to stand up with some miracle, supported with his strong will to fight for it internally. It may take a very long time and would have to be completely determined after going back to his home town where he will receive moral support of his family too.
 
Chandramohan is married with two children (one 8 months old girl & another 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 attention fully nor will be a support for his family back home.  A small contribution from well wishers should give him further strength in his fight.