BCC 337/2006

This case involved a claim for compensation by claimants who had been damaged by the death of an individual in a road traffic accident. A key question was whether the deceased's underaged sons should receive moral compensation for their sadness.

Background

Some claimants filed a case against a defendant before the civil court requesting the defendant to pay them compensation for damage which resulted from the death of an individual in a car accident where the car was owned by the defendant.

The court ruled that the defendant should pay the claimants the estimated compensation and the value of the compensation should be divided according to their shares in line with the Sharia Law.

The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law and that the court had ruled that the defendant should pay the sons of the deceased person moral compensation for sadness which had resulted from the death of their father although the sons were underage.