Children injured in rear-ending collision to share €81,000 damages

Arsh, Ibad and Ulya Hasan sustained neck, back and shoulder injuries in Balbriggan crash

Three school children injured when their parents’ car was rear-ended in north Co Dublin, have been awarded combined damages of some €81,000 at the Circuit Civil Court.

Arsh Hasan (nine) of New Haven Avenue, Balbriggan, was awarded €29,500; her brother Ibad (11) was awarded €26,500 and their 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, when the collision happened on April 13th, 2014 .

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Emma Slattery B.L, for the Hasan children, said Arsh, who was six at the time of the crash, suffered injuries to her neck, back and shoulders. Ms Slattery told Circuit Court president Mr Justice Raymond Groarke she was recommending the court's approval of a €29,500 settlement and costs.

Post traumatic

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 a 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.

The children’s mother told the court in a sworn statement that the car was rear-ended at the junction of New Haven Avenue and Flemington Lane in Balbriggan 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 were above the board’s assessments. The money will be lodged in court funds on behalf of the children.