Background

The heirs of an employee filed a case against two defendants requesting that the court order the defendants to pay them compensation. The heirs stated that their father had died due to a mistake of employees belonging to the first defendant and that a penal ruling had been issued against them.

The first defendant added an insurance company as a party to the case requesting that the court order it to pay the value of compensation.

The court ruled that the defendants pay the heirs 10000 Dinars blood money plus 10000 Dinars in compensation. The court ruled that the insurance company pay the first defendant the mentioned amounts.

The defendants appealed and the appeal court upheld the ruling.

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 insurance contract signed by the first defendant only covered accidents at work, however the employee had died in a car accident.