BCC 557/2006

This case involved a claim for compensation by an individual injured in a road traffic accident. The court had wrongly decided to reduce the compensation without explaining the elements of damage.

Background

A claimant filed a case against an insurance company before the court requesting the company to pay him 80000 Dinars and interest. The claimant said that he was injured in a car accident and the car was insured by the company at the time. The claimant said that a criminal ruling had been issued against the car's driver.

The court ruled that the company should pay the claimant 50000 Dinars and interest.

The claimant and the company appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the company should pay the claimant 30000 Dinars and interest.

Decision

The claimant 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 had insufficient evidence of causation. It was said that the court decided to decrease the compensation without explaining the elements of damage.