BCC 267/2007

This case involved a claim a compensation against two companies by the heirs of an employee who had died because of a workplace injury. They were insured but there was no evidence that the injury was intention or caused by the employer's error. In addition, it was not possible to confirm which was the companies was the employer and the extent of their individual liability.

Background

The heirs of a deceased employee filed a case before the First Instance Court against two companies requesting compensation of 40000 Dinars with interest because the deceased person had been severely injured while doing their job.

The court issued a ruling compelling both companies to jointly pay 2000 Dinars as moral and material compensation.

The defendants filed an appeal and the court of appeal rejected the claim and confirmed the appealed ruling.

Decision

The defendants filed an appeal in cassation on the grounds that the appealed ruling had violated the law and erred in its application despite the absence of a mistake in their right.