Background

The heirs of a deceased man filed a case against an insurance company requesting that the court order it to pay them compensation for damage resulting from a car accident, and compensation for physical damage caused to their father.

The court ruled that the insurance company pay the heirs 14000 Dinars.

The heirs and the insurance company appealed and the appeal court ruled that the insurance company pay the heirs 30000 Dinars.

The insurance company appealed by cassation.

Decision

Before the cassation court the insurance company argued that the ruling had erred in the application of law as the court ruled that it pay the heirs moral compensation, however, they did not request such compensation. The company stated that the court had ordered it to pay treatment costs, but the injured persons had been treated at no cost in public hospitals.