Background

A claimant filed a case against an insurance company and requested the court to order the company to pay him 9000 Dinars in compensation for the injury of his son in a car accident.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled that the company should pay the claimant 5000 Dinars.

Decision

The company 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 that the court had ruled that the company should pay the compensation although the ruling concluded that the driver of the car should bear the responsibility for the accident.

The court stated that this argument was valid because the court ruled the company should pay the claimant the compensation although it had found the driver innocent at the same time.