Thursday 18 October 2018

Three schoolchildren injured when parents' car was rear-ended awarded €81k in damages

Fatima Taheer, mother of Arsh (9), Ibad (11) and Ulya (13) Hasan, of New Haven Avenue, Balbriggan, Dublin pictured leaving the Four Courts today after a Circuit Civil Court action. Pic: Collins Courts
Fatima Taheer, mother of Arsh (9), Ibad (11) and Ulya (13) Hasan, of New Haven Avenue, Balbriggan, Dublin pictured leaving the Four Courts today after a Circuit Civil Court action. Pic: Collins Courts

Ray Managh

Three school children, injured when their parents' car was rear-ended near their home in Balbriggan, Co Dublin, have been awarded a total of just over €81,000 damages in personal injury settlements in the Circuit Civil Court.

Arsh Hasan (9) of New Haven Avenue, Balbriggan, was awarded €29,500; her brother Ibad (11) was awarded €26,500 and her sister Ulya (13) was awarded €25,500.

The children had sued through their mother Taheer Fatima two defendants, Azita Saikhani and Payman Nasserzare, both of  New Haven Rise, Balbriggan. Their mother was also a passenger in the car driven by her husband and the children’s father Syed Kazim Ashraf.

Barrister Emma Slattery, counsel for all of the Hasan children, said Arsh was aged six at the time of the rear-ending accident on Sunday April 13, 2014 and had suffered injuries to her neck, back and shoulders.

She told Circuit Court President Mr Justice Raymond Groarke she was recommending the court’s approval of a €29,500 settlement and costs.

Ms Slattery, who appeared with Dundalk solicitor Sean T. O’Reilly, said Ibad, now aged 11, had injured her upper back and shoulders and suffered post traumatic disorder by way of nightmares.  She said she and Ibad’s mother were satisfied with the €26,500 offer.

Ms Slattery said Ulya had also suffered injuries to her upper back and shoulders as well as psychological injuries.  All of the children had fully recovered and she was also recommending a settlement offer of €25,500 in Ulya’s case.

Syed Taheer Fatima told the court in a sworn statement that she and her husband were driving with their children at the junction of New Haven Avenue and Flemington Lane, Balbriggan, when their car was rear-ended by the defendants’ vehicle.

Judge Groarke, who approved all of the offers, heard that following assessments by the Injuries Board there had been talks with the defendants’ insurance company, RSA, and settlement offers achieved above the Board’s assessments.

The money will be lodged in court funds on behalf of the children.

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