KCC 705/2004

This case involved who could be reimbursed money paid to an employee who had been injured at work. The insurance company could claim back money paid as the injured party had not been wearing a seat belt.

Background

A company filed a case against a company and other defendants and requested the court to order them to jointly pay 25000 Dinars. The company stated it paid the amount to an employee who had been injured while working with the company.

The court ruled that the first three defendants should pay the mentioned amount to the company and rejected the case against the fourth defendant.

The two companies appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The company (defendant) appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and it had maintained e the company cannot claim back the amount it had paid but the court had ignored this defence.