Background

A claimant filed a case against a defendant requesting that the court order it to pay compensation for the death of her son.

The court ruled that the defendant pay the claimant 8333 Dinars.

The claimant and defendant appealed and the appeal court ruled that the sum be increased and abandoned the ruling regards the claimant's share in the value of blood money.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as the court rejected the request to order the defendant to pay her share in blood money based on her previous husband having received the full value of blood money from the defendant, but she had not authorised that he receive this amount.

The court held that this argument was valid as the defendant had paid the value of blood money to a third party. The court stated that the case documents included no evidence that the claimant had permitted her previous husband to receive the value of blood money.