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Legal hurdles tie him to hospital bed
By Sameera Aziz
Published in The Saudi Gazette on 08 - 02 - 2009

Vilayatullah Khan, 34, a resident of Hyderabad, India, arrived in the Kingdom last November as a Haj volunteer on a temporary visa. However, due to a road accident he is now confined to a hospital in Makkah.
“He is suffering from a severe spinal cord injury and is being treated at Al-Noor Hospital in Makkah. His legs are paralyzed; hands, partially paralyzed, and he is unable to speak properly,” said Moazam Ali, an Indian social worker who is closely following Khan's case.
He said the hospital authorities have indicated that Khan's treatment cannot be continued at their hospital, and that they have virtually discharged him.
“Considering his immobile state and that he has nowhere to go, the hospital has allowed him to stay. But he needs to return to India immediately in order to continue his medical treatment,” said Ali.
Khan came to Saudi Arabia on Nov.23 on a 90-day visa sponsored by the Bin Laden Group's “Saudi Services Co-Makkah”. He met with the accident on Dec. 29 on Jurana Road, Makkah. He was admitted to Al-Noor Hospital where, presently, his unpaid bills have become a problem.
Saleh Saad, the Saudi national whose vehicle hit Khan, does not consider himself responsible for the incident. “I pay SR500 monthly to my insurance company, so, it should pay the hospital bill. Otherwise, Khan's sponsor company should bear the costs,” he said.
Saad said the accident took place on a highway. “It is always the driver who is made to shoulder all expenses even if it is the pedestrian's fault,” he said.
Omar Sabban, an employee of Bin Laden Group (Saudi Services Co-Makkah), expressing sympathy for Khan, demanded that the car driver pays the bill.
“Even if it is the pedestrian's fault, he has to pay only 25 percent of the hospital bill, while the car driver has to pay the remaining 75 percent.
Hence, the third party in the case (car driver) should pay the bill,” said Sabban. He said the company will permit Khan to return to India, but this is possible only after his case is solved.“If he wants compensation, he should approach the traffic police and seek a solicitor,” Sabban said.
Faisal Kassar, a Saudi lawyer, said he would take up Khan's case if he intends to seek compensation.“I need to obtain some reports to get started with the case,” he said.
Khan's relative, Mohammed Atif, who now attends him at the hospital, said he has to leave to return to work.
“I cannot be at Khan's side always as I have to return to Riyadh immediately. Without proper care and with nowhere to go, Khan is in a dire situation,” he said.
Atif appealed to the Indian Consulate in Jeddah for their assistance. “The Consulate has been approached and it is interacting with Khan's sponsor,” said a source at the Welfare Section of the Consulate.
He said Khan must be recompensed by the insurance company. “But this will happen only after the decree of the court is known which can take a long time. Now, he needs proper care, medicine and physiotherapy, which is possible in India where his family lives,” the source said.
He said Khan's medical costs should be incurred by the car driver. “
We are negotiating with the third party. Khan should seek a lawyer to represent him to get compensation from the insurance company,” the Consulate source added.


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