(MENAFN- Khaleej Times) Juma Ahmed Mulaih and Dr Sultan Al Moazen, lawyers of 11-year-old Khalifa Ali and 13-year-old Jasim Al Yamahi, have asked the Dibba-Furjairah Federal Court for a compensation of not less than Dh60 million to be paid by the manager of a cement factory after the boys suffered severe burns due to hazardous material dumped by the factory. The incident happened over five years ago, in 2011.
During the court hearing, the lawyers said the compensation ordered earlier (Dh3,000 and Dh2,000), does not match the damages and suffering the two children and their families have had to undergo. The lawyers have been battling the case for the past over five years. In their defence sheet, the lawyers said the cement company has caused injuries to two children and a complaint was lodged against .F.R., director of the plant in case No. 56/2011. The lawyers claimed that the factory had dumped hazardous material in an irresponsible manner and in contravention of the safety and preservation of the environment. The lawyers claimed that the compensation given does not match the physical injuries and psychological trauma caused to the two children who suffered 75 per cent burns. Medical reports showed the burns have caused permanent damage to the children, leaving them probably bed-ridden for the rest of their lives. Hence the lawyers pleaded to the court that the compensation amount be reconsidered keeping in mind the above facts. The incident The accident happened on January 29, 2011, when a family had gone out to see the flood waters in the wadi in Dibba-Fujairah. The 11-year-old Khalifa Ali, while he was running around, playing fell into a pit. Unfortunately, the pit was filled with hazardous waste, chemicals rather, from a cement factory. On getting a burnt feeling the boy started screaming, and his cousin, 13-year-old Jasim Al Yamahi ran to his rescue. As he was trying to pull out Ali, Jasim too fell into the pit. Ali's father soon came to their rescue and holding on to the walls of the pit, pulled out both the children. The children had fallen into the pit called Al Qareen dump, an open area used for dumping construction waste. It was not immediately known what type of hazardous material had caused the serious burns. But the boys were in bad shape as the hazardous material had burned into their clothes and their skin. An elderly man had earlier been found dead at the same site. To make matters worse, the area did not have any warning signs of the hazardous material. The two children were admitted to Fujairah hospital for treatment. It was found that both children suffered first degree burns - 45-50 per cent - on their chest, back, hands and legs. Ali was soon shifted to Al Wasl hospital in Dubai and moved to Germany a month later for specialised treatment. He had to be in the intensive care for about two months and undergo several corrective surgeries. Court cases Ali's father filed a lawsuit the day after the accident, on January 30, 2011, against the plant manager for causing damage to the environment and for violating the regulations. On August 4, 2012, the Dibba-Fujairah court acquitted the manger and declined the civil lawsuit. The prosecutors then filed an appeal (No. 308/2012) on May 27, 2013, and the case was referred to the Supreme Court which in turn referred the case to the court of appeal. The juries unanimously ruled to accept the appeal and fined the accused, the manager, Dh5,000 (as compensation to Ali and Jasim) and blood money of Dh100,000 to the family of the elderly man who was found dead. The accused was then referred to the Federal Supreme Court which issued refusal to appeal. At this point, lawyer Juma Ahmed Mulaih filed a civil suit for compensation. His defence included causing damage to the environment and to the interest of the society and to the two children. It also said that the accused is directly responsible for the injuries caused to Ali who will not be able to lead a normal life. The child also had to be treated by a psychiatrist for mental trauma. The lawyer added that the compensation has to meet the suffering the family is going through.
Amira Agarib