KCC 272/2001

This case involved a claim for blood money and compensation by an individual who had been injured in a road traffic accident. At issue was whether the injuries were covered in the blood money appendix. A key aspect was the approach to the appeal.

Background

A claimant filed a case against two defendants and requested the court to order the first defendant to pay her blood money of 36000 Dinars and order the second defendant to pay 10000 Dinars as compensation for injuries which had resulted from the car accident.

The court ruled that the first defendant should pay the claimant 15000 Dinars and rejected the case against the second defendant.The claimant and the defendants appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.

Decision

The claimant appealed the ruling before the court of cassation and stated in her grounds of appeal that the ruling had erred in the application of law and had contradictions of material documentary evidence because the court had rejected her case although her injuries should be included in the appendix of the blood money.