KCC 131/2000

This case involved a claim for compensation for the death of the claimants' father. The insurance contract which had been signed had not stated compensation could be awarded to third parties.

Background

The claimants filed a case against two defendants and requested the court to order the defendants to pay them compensation for the death of their father.

The court ruled that the second defendant should pay the claimants 17500 Dinars.

The claimants and the second defendant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the defendants should pay the claimants 23600 Dinars.

Decision

The first defendant appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and stated that the insurance document which it had signed with the institution in which the claimants' father used to work did not stipulate that the compensation could be paid to a third party.