KCC 667/2004

A case involved a dispute over the payment of blood money.

Background

A claimant filed a case against defendants requesting that the court appoint an expert to determine the value of blood money he deserved. The claimant stated that he had been injured in a car accident and the car was insured by the first defendant, owned by the second defendant and driven by the third defendant.

The court rejected the case against the second and third defendants as the case had been previously settled and rejected the case against the first defendant due to the statute of limitations.

The claimant appealed and the appeal court upheld the ruling.

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 ruled he did not deserve compensation as his injuries were not included in the appendix of blood money and that the case should be dismissed under the statute of limitations due to the passing of three years, however his right in compensation should not have been dismissed until the passing of 15 years.