BCC 122/2007

This case involved a claim by some heirs against an insurance company for the death of their mother. On appeal the level of the compensation was reduced and this should not have happened without an explanation of the elements of damage.

Background

The heirs of a deceased person filed a case against an insurance company before the civil court requesting the company to pay 65000 Dinars as compensation for damage which resulted from the death of their mother. The heirs said that their mother had died in a car accident and the car was insured by the company.

The court ruled that the insurance company should pay the heirs 55000 Dinars for compensation.

The heirs and the insurance company appealed the ruling before the court of appeal. The court dismissed the appeal made by the heirs and ruled that the compensation should be decreased by 20000 Dinars.