Saturday 24 February 2018

Judge says brothers 'exaggerated' injuries in €240k damages claim

Stock Picture
Stock Picture

Ray Managh

A judge said today that he faced evasion and exaggeration regarding the degree of injury presented to the Circuit Civil Court by three brothers and a friend who, between them, sought to recover €240,000 in damages.

Each claimed damages of €60,000 in what barrister Conor Kearney described as assessment only cases on the basis that liability had been conceded regarding a road traffic accident.

Circuit Court President, Mr Justice Raymond Groarke, said the first of the brothers, Sarteeb Babaiee, of Sorrell Heath, Clonsilla, Dublin, had misled the court and had set the standard of evidence to come.

The judge said the evidence given to the court would influence the level of personal injury decrees the court would award. Sarteeb was awarded €7,570 damages.

Judge Groarke said Sarteeb’s brother, Rebwar, had been unreliable in regards to all aspects of the case involving a traffic accident on Clonsilla Road, Blanchardstown, in April 2014 and had been manipulative and false. He too was awarded €7,570 damages.

The judge said another brother, Karwan, a trainee accountant, had convinced him he had sustained injury and had undergone acupuncture.

“His evidence drags all of these cases over the line and I accept the impact was one which did indeed result in personal injury,” Judge Groarke told barrister Shane English.

Mr English, who appeared with Ennis and Associats Solicitors, represented Aviva Insurance Limited and the car driver and defendant, Sardar Babaiee, who had been sued by his brothers who were passengers in his car.

Karwan, whose address at Sorrell Heath, Clonsilla, was the same as that of the brother he sued, was awarded €12,570 damages.

A fourth passenger in the car had been former Bohemians third string footballer Nazar Othman, of Laverna Way, Castleknock, Dublin, who also sued Sardar Babaiee. He was awarded €7,570 damages.

Mr Kearney, counsel for all of the injured parties, appeared with Tiernan and Company Solicitors and was granted District Court costs in all cases.

He told the court that the single vehicle accident occurred on April 27, 2014 and had been reported to the gardaí in Blanchardstown on the same evening.  He said Sardar Babaiee’s car had gone out of control and had struck a lamp post.

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