KCC 450/2001

This case involved a claim for personal injury compensation by against the owners of a bus following a road traffic accident. A document provided by the company showing the individual had agreed not to claim compensation against the bus driver could not be used in evidence as it had not been signed by the injured party.

Background

A claimant filed a case against a company and requested the court to order the company to pay him 30000 Dinars as compensation for injuries which had resulted from accident caused by a bus which belonged to the company.

The court ruled that the company should pay the claimant 15000 Dinars.

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

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 it had provided the court with a document in which the claimant gave up his right to claim compensation against the driver of the bus which meant that the company should not be responsible for paying the compensation.