BD4,700 payout ruling over delayed crash compensation

TDT | Manama

Email: mail@newsofbahrain.com

Two years after a traffic crash compensation claim was put on hold because it depended on a non-final default criminal ruling, a court has returned to the case.

The court ordered the insurer and the driver blamed for the collision to pay the injured party BD4,700, plus 4 per cent annual interest for late payment, calculated from the date the lawsuit was filed until full settlement is made.

It also ordered the insurance company to pay an appropriate share of costs and BD20 in lawyers’ fees.

The late-payment interest was placed on the insurer.

Damage

The claim was filed by the injured party against the insurance company and the driver, seeking a joint order for BD4,800 for material damage and BD700 for moral harm, together with legal interest from the date of injury until full payment, according to lawyer Mohammed Al Mahdi.

The claimant said he was hit by a car driven by the second defendant and insured with the first defendant.

He told the court the driver failed to take due care and attention, struck his vehicle as it travelled in its proper lane, and left him with pain, wounds and injuries that were treated.

He also said he suffered distress after the accident and what he described as disability.

Fault

Court papers state the driver admitted fault in the police report.

A BD100 fine was issued in the criminal case for the charges linked to the incident.

The civil hearings proceeded with the claimant and the insurer present, while the driver did not attend.

The criminal ruling against the driver was therefore issued in default under Article 201 of the Criminal Procedure Law.

Papers

The court said the papers showed the driver had been outside the country and there was nothing to prove he had been formally served, meaning the default criminal ruling had not become final and could still be challenged by way of opposition.

On that basis, the court stayed the civil claim until the criminal judgment either became final or came to an end through one of the legally recognised routes.

After two years, the court returned to the file to reach a final decision.

The claimant’s lawyer submitted a memorandum and a certificate stating the driver had not appealed the criminal ruling, had paid the fine imposed, and had not objected to the judgment, while also being aware of the default ruling issued against him.