KCC 3819/2020

This was a case brought by an insurance company against an insured car driver in a road traffic accident for half the compensation they had paid to the victim's heirs. A key point was whether the insured had violated insurance policy provisions.

Background

An insurance company filed a case against a defendant before the court. The company requested the court to order the defendant to pay 20,026.25 Dinars. The company said that the defendant had caused the death of a person in a car accident. The company stated that the car involved in the accident was insured by it at the time. The company mentioned that a previous ruling had ordered it, along with the defendant, to pay 20,052.5 Dinars to the victim's heirs. The company said that it had paid the full amount to the executive department in the Ministry of Justice. The company stated that it had the right to order the defendant to pay half of the amount.

The court dismissed the case. The court said that the criminal court had already acquitted the defendant, and therefore, he should not pay along with the insurance company.