BCC 727/2016

This case involved the contributory negligence of an individual who had died in a road traffic accident and its impact on inherited compensation.

Background

Some claimants filed a case with the civil court against the defendant and another party and asked they pay 50,000 Dinars in inherited compensation and 8,000 Dinars in compensation damages.

The deceased person had been in an accident that led to his death which was caused by the driver who was insured by the defendant. The claimants suffered material damages due to the  loss of their breadwinner.

The court asked the defendant and the other defendant to jointly pay the claimants 30,600 Dinars, including 25,000 in inherited compensation, 3,500 dinars for material damage, and 2,100 Dinars for moral damage.

The claimants appealed the Ruling before the Court of Appeal, and the defendant appealed to the same court. After the appeals were joined, it upheld the appealed ruling

The defendant appealed the ruling before the Court of Cassation because it had violated the right to defense when it upheld the preliminary ruling, and requested the defendant pay 25,000 Dinars as inherited compensation for the loss of life.