KCC 90/1999

This case involved a claim for compensation for a personal injury which had happened as a result of an individual's work. It was argued as a penal ruling had established the innocence of the driver the first defendant was not liable. This was contrary to Article 243 of the Civil Law.

Background

A claimant filed a case against defendants and requested the court to order the defendants to pay her compensation for car accident which happened as a result of their work.

The court ruled that the first defendant should pay the claimant 11000 Dinars.

The claimant and the first defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

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 because the court had ruled that the first defendant should pay the compensation based on the argument that the driver was responsible for the accident although the penal ruling had found him to be innocent and this ruling had legal power.