BCC 564/2009
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
General Personal Injury, General Insurance Law, Rights & Duties of Employees & Employers, Alcohol
Copyright
LexisNexis
Decision date
6 Dec 2010
Catchwords
Insurance – Personal Injury – Death – Road Traffic Accident – Employer’s Liability – Employee – Driver – Alcohol
This case involved a claim for compensation for the death of a person in a road traffic accident. This case looked at whether the insurance company could claim the compensation for the car owner who was the driver's employer as it was stated the accident had happened while the driver was under the influence of alcohol.
Background
A group of heirs filed a case with the High Court requesting an insurance company pay them 50000 Dinars plus interest in compensation for the death of the insured person as a result of a road traffic incident in a car insured by the company.
The company requested the court to make the car owner and the driver parties to the case and make them both pay any amount requested by the company as result of this claim. The company claimed the owner of the car had allowed the driver to drive the car and the accident had happened when the driver drove the car under the influence of alcohol and as such the company had the right to request they pay the compensation.