BCC 560/2020
This case involved a claim against the driver of a car by an insurance company which had had to pay compensation to an individual injured in a road traffic accident. Although the driver was not insured they were responsible for the accident so the claim could be made.
Background
An insurance company filed a case against a defendant before the court. The insurance company requested the court to order the defendant to pay them 5498 Dinars and interest. The company said that they had paid a person who was injured in a car accident compensation and that the defendant should bear the responsibility for damage in that accident.
The court dismissed the case.
The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The company appealed the ruling before the court of cassation. The company said in their grounds of appeal that the ruling had erred in the application of law. The company said that the court had established the ruling on the grounds that the defendant was not the insured persons although he was the driver of the car at the time of accident.