KCC 1145/2020
This case involved a claim for personal injury compensation against an insurance company by an individual injured in a road traffic accident. A key point was that where an injury was not covered in the specific injury compensation list the judge had discretion to award compensation.
Background
A claimant filed a case against an insurance company before the court. He requested the court to order the company to pay him compensation of 40000 Dinars. He said that he was injured in a car accident and the car involved in the accident was insured by the company at the time. He said that he had provided the court with the medical reports which confirmed his injuries and the disabilities he was suffering as a result of the accident.
The court ruled that the insurance company should pay the claimant moral compensation of 20000 Dinars.
The claimant and the insurance company appealed the ruling before the court of appeal. The court dismissed the appeal submitted by the insurance company. The court dismissed the appealed ruling and ruled the insurance company should pay the claimant an additional 20000 Dinars for material compensation.