Based on the provided sources, here are the extracted details for the cassation cases, including their file numbers, dates, and the legal rules established or interpreted:
1. Cassation File No. 216384
- Date: May 31, 2022 (ግንቦት 23 ቀን 2014 ዓ/ም)
- Legal Rule: In a partnership (Hebret Shirkna Maheber), dismissing a member is considered a last resort and is unacceptable if the desire to work together still exists. Furthermore, an association cannot dismiss members based on a mere assumption of intent to misappropriate funds (such as holding money temporarily because a cashier was unavailable) without proving actual theft or a specific violation of the association’s bylaws that warrants dismissal.
2. Cassation File No. 194796
- Date: November 9, 2021 (ጥቅምት 30 ቀን 2014 ዓ/ም)
- Legal Rule:
- Duty-Free Vehicle Liability: For duty-free vehicles that suffer a total loss, the party liable for the damage is legally obligated to reimburse the insurer for taxes and duties paid to the government. This obligation exists even if the insurance policy did not explicitly state that it covers such taxes.
- Deductible Calculation: When a policy stipulates a 5% deductible (accident starting fee) for total loss, it should be calculated from the higher value between the sum insured and the market value of the vehicle at the time of the accident.
3. Cassation File No. 203888
- Date: March 8, 2022 (የካቲት 29 ቀን 2014 ዓ.ም)
- Legal Rule: Under the Vehicle Insurance Against Third Party Risks Proclamation No. 799/2005, the liability cap for property damage (100,000 ETB) is applicable per accident, not per claimant. If a single accident causes damage to the property of multiple individuals, the insurer’s total liability remains limited to the 100,000 ETB ceiling for that specific event.
4. Cassation File No. 124957
- Date: May 4, 2017 (ሚያዚያ 26 ቀን 2009 ዓ.ም)
- Legal Rule:
- Overloading and Liability: An insurer remains liable for damages even if the insured vehicle was carrying passengers beyond its capacity, provided that overloading was not the actual cause of the accident.
- Right of Subrogation: A court’s failure to join a third-party wrongdoer in a suit does not constitute a basic error of law if the insurer’s right to subrogation is preserved, allowing them to sue the responsible party separately to recover the paid compensation.