BCC 229/2009

This case involved a claim for compensation paid by an insurance company following a road traffic accident to be repaid. It was correctly argued the owner of the vehicle had rented it to another party at the time of the accident and this was contrary to the insurance contract.

Background

An insurance company filed a case against two defendants and requested the court to order the defendants to pay 52738, 505 Dinars and interest. The insurance company stated the first defendant had insured a van and he had an accident. The insurance company stated it had paid compensation to an injured person but it then discovered the van was rented to the second defendant when the accident had happened in violation of the insurance contract.

The court ruled the defendants should pay the company the amount.

The first defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The first defendant appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law because they were not responsible for the accident.