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Mushin Jaffer won £3,000 compensation after another driver reversed into his car.

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House of Lords ruling

18 August 2007

A landmark House of Lords ruling has resulted in an East Yorkshire man standing to receive over £2 million in compensation after a car accident left him paralysed.

Michael Gawler was involved in a serious car accident in 2004 while travelling in the front passenger seat of the car when it came off the road after the driver lost control. He was left paralysed from the waist down, due to a spinal injury caused in the accident.

As Mr Gawler was not wearing a seat belt the initial damages of £2.7 million were reduced by a quarter, however the insurers launched an appeal against the award, arguing this should have been reduced by half.

The case was heard by the House of Lords who ruled against a 50 per cent reduction, and upheld the original 25 per cent reduction in compensation.

Tanveer Jaleel, senior partner at TJL Solicitors said: “Had the Lords ruled in favour of a 50 per cent reduction, this would have signified a shift away from the current position where the majority of the blame for a traffic accident is seen to lie with the driver who has been negligent.”