ECC 2334/67

This case involved a claim by an heir for compensation after an individual had been killed in a metro accident. A key issue was whether a company could be sued along with the driver when the insurance contract said it could not be.

Background

A citizen filed a case before the Court of First Instance against a vehicle driver and an insurance company requesting him to compensate her for damage caused to her because of the accidental death of her predecessor in a metro.

The Court issued a ruling which requested the defendant to pay compensation but rejected the request against the insurance company. Both the plaintiff and the plaintiff filed an appeal and the court of appeal rejected the driver's appeal and compelled the insurance company to jointly pay the reassessed compensation jointly with the driver.

Decision

The company filed an appeal in cassation on the ground that the appealed ruling violated the law and erred in its application because the court had disregarded the fact that the driver's insurance policy covered his civil liability without including any right to sue the company as a conflicting party.