BCC 351/2008

This case involved compensation payable by an insurance company following the death of a woman in a road traffic accident. The key issue was whether the court was required to explain the elements of damage.

Background

The heirs of a deceased woman filed a case against an insurance company before the court requesting the company to pay them compensation. The heirs said that their mother died in a car accident where the car was insured by the insurance company.

The court ruled that the insurance company should pay 20000 Dinars to the woman's husband in addition to 3000 Dinars to her sons.

The heirs and the insurance company appealed the ruling before the court of appeal. The court dismissed the appeal made by the heirs and amended the appealed ruling and ruled that the insurance company should pay the heirs 15000 Dinars.

Decision

The heirs appealed the ruling before the court of cassation and said in their grounds of appeal that the ruling had insufficient evidence of causation and said that the court had decreased the value of compensation without explaining the elements of damage.