BCC 619/2007

This case involved whether a claimant could request more compensation from an insurance company even though they had made a settlement agreement with the company when it was claimed this did not cover their physical injuries,

Background

A claimant filed a case against an insurance company before the court requesting the company to pay him 5050 Dinars and interest as compensation for damage which had resulted from a car accident. The claimant said that car was insured by the company at the time of accident.

The court dismissed the case.

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

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 that the court dismissed the case based on the argument that the two parties had reached a reconciliation agreement although he only received 675 Dinars as compensation for car damage and the agreement did not include any compensation for physical damage.