BCC 237/2009, 244/2009

This case involved compensation to a number of claimants following a road traffic accident. It was wrongly argued that not all the claimants had provided the appropriate agency to the lawyer so were irrelevant parties in the case. In addition, insufficient reasons had been given on how the provision had been violated.

Background

The claimants filed a case against two defendants and requested the court to order them to pay the first claimant 80000 Dinars and 20000 Dinars to the other claimants in addition to interest. The claimants stated the first claimant was injured in a car accident and the first defendant was the driver and the car was insured by the second defendant.

The court ruled the defendants should pay the first claimant 28000 Dinars, 2000 Dinars to each of the second and third defendants and 500 Dinars to each of the fourth, fifth and sixth defendants.

The claimants and the second defendant appealed the ruling before the court of appeal. The court rejected the appeals and upheld the appealed ruling.

Decision

The claimants and the second defendant appealed the ruling before the court of cassation.