Background

A claimant filed a case against defendants requesting that the court order them to pay compensation for damage resulting from a car accident.

The court ruled that the first defendant pay the claimant 5000 Dinars and the third defendant pay the claimant 5000 Dinars.

The claimant and first and third defendants appealed and the appeal court rejected the case against the third defendant.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as the court had established its ruling based on it being unacceptable for the claimant to receive two compensation amounts, however, the compensation awarded did not cover the nominal and physical damage sustained, therefore she had the right to request that the third defendant also pay compensation.

The court held that this argument was invalid as the accident did not take place during work and thus the third defendant should not have been held responsible for the payment of compensation to the claimant.

The court therefore dismissed the appeal.