Background

A claimant filed a case against a defendant and insurance company requesting that the court order them to pay compensation. The claimant stated that he had been injured in a car accident caused by the defendant and the car was insured by the insurance company.

The court ruled that the defendant and insurance company pay the claimant 5700 Dinars.

The claimant and defendants appealed and the appeal court upheld the ruling.

The defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling had erred in the application of law as the court established its ruling based on him belonging to the party which caused the accident, however the case documents included no evidence of such relationship.

The court held that this argument was invalid as a penal ruling revealed that the defendant belonged to the driver of the car and he had provided the car to the driver despite the latter having no valid driving licence.

The court therefore dismissed the appeal.