BCC 385/2007

This case involved damage owed by an insurance company for the damage of a shop in a road traffic accident. A key issue was whether the expert report had provided sufficient detail in its report for compensation to be assessed. The Court had authority to decide it had sufficient evidence to make its ruling.

Background

A claimant filed a case against an insurance company before the civil court requesting the insurance company to pay him compensation and interest. The claimant said that his shop had been damaged in a car accident where the car was insured by insurance company.

The court ruled that the insurance company should pay the claimant 4087 Dinars.

The insurance company appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.

Decision

The insurance company appealed the ruling before the court of cassation and said in its grounds of appeal that the ruling had violated the law and had insufficient evidence of causation because it had maintained before the court that the expert report was invalid as it did not determine the elements of damage and the legal basis upon which the compensation was estimated.