KCC 468/2004

This case involved who was liable to pay compensation after an employee died in a workplace accident. The employee had been working with the defendant at the time of their death.

Background

A claimant filed a case against a defendant and requested the court to order the defendant to pay him 10000 Dinars. The claimant stated he had paid this amount previously to the heirs of a deceased employee and he had the right to claim it back from the defendant.

The court ruled that the defendant should pay the claimant 10000 Dinars.

The defendant 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 his grounds of appeal that the ruling had erred in the application of law and stated the deceased employee had died while working with the defendant and so they should be obliged to pay the compensation according to Article 61 of the Labour Law.

The court said that this argument was invalid.

The court dismissed the appeal.