ADCC 182/2012, 263/2012

This case involved an individual who had been injured in a road traffic accident and claimed compensation. The individual had lost mental capacity in the accident and the case considered whether their guardian was able to litigate for them without court permission. It also looked at whether the court had been wrong to refuse a further expert investigation requested by both parties when it had initial stated it did not believe the existing report to be sufficient.

Background

On 03/03/2011 an individual was injured when crossing the road, and a car No 8694 owned by a party hit them. The car was insured by the defendant company, and driven by another person who was not being vigilant. The driver was criminally charged for injuring the victim and contravening the traffic law of traffic in criminal decision No 682/201. The victim was severely injured and suffered from several fractures which were mentioned in a medical report.

The Appellant, the guardian of the victim, filed lawsuit No 537/2011 against the Respondent, the Company Appellant.