For an injured insured value of compensation claim directly in two cases:
First - lumpy requirement: if there is a clause in the insurance contract shall appoint injured beneficiaries in accordance with the provisions of the requirement for the benefit of others ([1])
Secondly - the legal text: If there is a provision of the law authorizes really injured directly by the insured as in Law No. 79 of 1975 on social insurance, as amended [Article (66) and (150) social security([2])].
The same under the law No. 652 of 1955, which regulates issues relating to compulsory insurance of civil liability arising from motor vehicle accidents, as this law authorizes the injured from the vehicle mechanism - except trains railroad - the right to claim the insurance company for compensation directly without passing through the financial disclosure of official (Insured) ([3]).
The injured worker from work-related accidents, and the injured person from a car accident has the right to exercise direct action using his right by the insured, and not used to the rights of the insured, as in the case of indirect decided by the general rules .
([1]) See veto Civil Appeal No. 1389 s 56 - 30.4.1995 session (publication in the journal of the judges, the twenty-eighth year - the first and second number - January / December 1996, p 376), where he was "2 - not to report the legislator - Except as contained special provisions - really direct an injured insured's claim for compensation for the damage and injury which asks before Insured. Should refer to the general rules and discuss the policyholder to the knowledge of the truth, which Achtrth insured Is Achtrth to himself or for the benefit of others ... ".
([2]) Article (66) of the Social Security Act as "committed to the competent authority of all rights established in accordance with the provisions of this section even if the injury necessitates responsibility person other than the employer without prejudice to be the insured of the right by the person in charge"
Article (150) of it as "committed to the competent body to fulfill their assessed contributions in full for the insured and eligible even if the employer does not jointly with him in the competent authority, and estimated rights in accordance with the provisions set forth in this law ..."
For more of the statement in this matter see d / Hassan Abdulrahman holy, compensation for work-related injury - between the principles of civil liability and social insurance - PO 331, P 289 and beyond, the first edition, library Jalaa new - Mansoura (c. M.. P) 1989.
([3]), the Court of Cassation in appeal No. 349 for the year 48 BC - 23.4.1981 session that "Advantaged Article VI of the Act No. 449 Council 1955 on cars and traffic rules and the first paragraph of Article V and materials 16,17,18,19 of law No. 652 of 1955 on compulsory insurance on civil liability Arising from car accidents to an injured of the accident, which is located out of the car insured compulsorily to return directly to the insurance company to require compensation for the damage he is suffering as a result of the incident derived right of texts Aforementioned law without the requirement to obtain an first sentence of the report of the insured's responsibility for the incident and without Need to Argument insured in case...".
She spent - well - in appeal No. 2739 for the year 60 BC - session 26.03.1995 (published magazine judges, the eighth year the twenty - first issue and the second - January / December 1996 p 386) that "1 - for an injured claim insurance compensation on the basis of responsibility Insured for the incident as the guardian of things, and if he spent acquitted the driver of the car due to lack of evidence."
التسميات
Liability Insurance