KCC 290/2001

This case involved a claim for blood money and compensation for a child who had been injured in a road traffic accident. The insurer and not the driver should pay the amounts. However, these injuries were not listed in the blood money appendix.

Background

A claimant, as a trustee of his underage son, filed a case against an insurance company and requested the court to order the company to pay him compensation and legal interest for the injury of his son in a car accident.

The court ruled that the insurance company should pay the claimant 2000 Dinars.

The claimant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the insurance company should pay the claimant 20500 Dinars.

Decision

The insurance 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 because the court had denied the responsibility of the driver for the accident and ruled the insurance company should pay compensation for the injuries though these injuries were not included in the blood money appendix.