KCC 3426/2020
This case involved a request by an insurance company to recover compensation paid to the heirs of a person who had died in a car accident. A key issue was whether there had been a deliberate action and the fact the defendant's son was driving.
Background
An insurance company filed a case against a defendant before the court. The company requested the court to order the defendant to pay 127,621 Dinars. The insurance company said that it had paid the amount to the heirs of a man who had died in a car accident. The company stated that the car involved in the accident was insured by it at the time of the accident. The company said that the defendant had given the car to his son, who had caused the death. The company mentioned that the insurance policy agreed upon by the two parties had stipulated that the company could claim the compensation value from the defendant.
The court dismissed the case.
The insurance company appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.