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Legal liability and
compensation in traffic
accidents
Decision of the General
People’s Committee No. 213
of 2003 on determining the
principles and conditions
for the compensation for the
physical and moral damages
arising from the traffic
accidents caused by vehicles
insured by virtue of the law
No. 28 of 1971 on the
compulsory insurance
Article 1
The insurance company will
cover the civil liability
arising from the accidents
caused by the insured
vehicles according to the
principles and conditions
stated in this law.
Article 2
Definitions:
Complete permanent
disability is the
injury caused by the traffic
accident, where the patient
is not expected to recover
or maybe recoverable but
will cause at least 80 %
disability or more according
to the report of the medical
committee examining the
patient that has been
established in accordance
with the regulations of this
law.
Partial permanent disability
is the injury that will
cause a disability of 80 %
or less.
Net
salary is the
gross salary less all legal
deductions according to the
laws in force.
Gross compensation
is the total sum of the due
compensation for the
physical and moral damages
for the cases of death,
complete permanent
disability for those aged 18
and above or the due
compensation for the
physical and moral damages
for the cases of death,
complete permanent
disability for the minors,
those aged 18 and less.
Article 3
Physical compensation in
case of death
The physical compensation
for those aged 18 and above,
who have actual fixed and
continuous income at the
time of the accident shall
be calculated by multiplying
the factor shown in front of
the age group of the
deceased with his monthly
salary according to the
following table:
|
Age |
Factor |
Age |
Factor |
Age |
Factor |
Age |
Factor |
|
18 |
27 |
30 |
46 |
42 |
64 |
54 |
66 |
|
19 |
29 |
31 |
47 |
43 |
66 |
55 |
63 |
|
20 |
31 |
32 |
49 |
44 |
67 |
56 |
61 |
|
21 |
33 |
33 |
51 |
45 |
68 |
57 |
57 |
|
22 |
34 |
34 |
52 |
46 |
68 |
58 |
54 |
|
23 |
35 |
35 |
54 |
47 |
69 |
59 |
49 |
|
24 |
37 |
36 |
56 |
48 |
69 |
60 |
47 |
|
25 |
38 |
37 |
57 |
49 |
70 |
61 |
34 |
|
26 |
40 |
38 |
59 |
50 |
69 |
62 |
33 |
|
27 |
41 |
39 |
60 |
51 |
69 |
63 |
31 |
|
28 |
43 |
40 |
62 |
52 |
68 |
64 |
29 |
|
29 |
44 |
41 |
63 |
53 |
67 |
65 |
27 |
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Article 4
The physical
compensation for those
aged 18 and above, who
do not have actual fixed
and continuous income at
the time of the accident
shall according to the
following table:
|
Age |
Amount |
Age |
Amount |
Age |
Amount |
Age |
Amount |
|
18 |
5250 |
30 |
9512 |
42 |
14432 |
54 |
15604 |
|
19 |
5624 |
31 |
9900 |
43 |
14691 |
55 |
15120 |
|
20 |
6006 |
32 |
10292 |
44 |
14952 |
56 |
14630 |
|
21 |
6510 |
33 |
10688 |
45 |
15215 |
57 |
13943 |
|
22 |
6864 |
34 |
11256 |
46 |
15480 |
58 |
13096 |
|
23 |
7065 |
35 |
11661 |
47 |
15747 |
59 |
11960 |
|
24 |
7426 |
36 |
12070 |
48 |
16016 |
60 |
11446 |
|
25 |
7791 |
37 |
12483 |
49 |
16287 |
61 |
9512 |
|
26 |
8160 |
38 |
12728 |
50 |
16192 |
62 |
9128 |
|
27 |
8533 |
39 |
13148 |
51 |
16095 |
63 |
8910 |
|
28 |
8410 |
40 |
13572 |
52 |
15996 |
64 |
8533 |
|
29 |
9128 |
41 |
14000 |
53 |
15895 |
65 and
above |
8160 |
|
Article 5
Moral compensation in
case of death
The moral due
compensation to each of
the father, mother,
spouse and the children
for the death cases of
their family members who
are aged 18 and above
shall be paid as
follows:
|
Number
of
persons
receiving
the
compensation |
Amount
of due
compensation |
|
1 – 3
persons |
LD 6000
(six
thousand) |
|
4 – 6
persons |
LD 9000
(nine
thousand) |
|
7 – 10
persons |
LD
12,000
(twelve
thousand) |
|
More
than 10 |
LD
15,000
(fifteen
thousand) |
|
Article 6
Moral compensation in
case of death
The moral due
compensation to each of
the father, mother on
the death of their minor
children who are did not
become 18 yet shall be
paid as follows:
|
Age |
Compensation
Amount |
|
From
birth to
6 years |
Single
child
LD
10,000 |
Not a
single
child
LD 8,000 |
|
7 – 12
years |
LD
12,000 |
LD
10,000 |
|
13 – 17
years |
LD
15,000 |
LD
12,000 |
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The fetus that has been
carried for more than 3
months will be treated as if
it were a living new born in
case of miscarriage due to a
traffic accident.
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