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High Court, on appeal from the Circuit Court, awards damages for personal injuries to two passengers in a road traffic accident, on the grounds that: (a) the defendant's insurer had failed to establish that the claim was fraudulent, in circumstances where the driver of one of the cars had not been called to give evidence in the Circuit Court; and (b) any conclusion of fraud on the part of the insurance company had arisen because the accident had not been properly investigated.
Personal injuries - Circuit Court appeal - claim by passengers - vehicle involved in collision - insurance company given leave to come off record for driver - insurance company joined as defendant - evidence of injury - witnesses to accident - engineering evidence - whether accident fraudulent.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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