The Supreme Court has dismissed an appeal from a motorcyclist who was injured while trying to avoid a dog, confirming the €600 compensation awarded by the lower court. The motorcyclist had argued that the amount was insufficient, given the nature of the accident.
The incident occurred on Kantaras Avenue in Kaimakli when the appellant, riding a motorcycle, attempted to avoid a dog that had entered the road. In doing so, he lost control of his bike, fell, and was injured.
The lower court’s findings, which were not contested on appeal, showed that the injured party was taken to the Accident and Emergency Department at Nicosia General Hospital. He was diagnosed with muscle strains and abrasions on his right leg, shoulder, and elbow, along with neck and rib pain. Medical tests confirmed there were no fractures, and the motorcyclist was advised to wear a soft neck collar. He fully recovered in a short period, with no lasting effects, and missed only three days of work without any loss of income.
The lower court awarded €600 in general damages, based on the nature of the injuries, the duration of suffering, and relevant case law.
In his appeal, the motorcyclist argued that the compensation was inadequate. He claimed the court had not provided sufficient justification for the amount and that his injuries, as a motorcyclist, were more painful and serious than in other cases.
The Supreme Court, reviewing the appeal, reaffirmed the principle that it does not interfere with the compensation amounts set by lower courts unless the amount is clearly inadequate or the law was misapplied.
The Court noted that no additional medical evidence was presented to show that the injuries were more serious or longer-lasting than what was previously documented. Therefore, the lower court was not in a position to make assumptions about the extent of the plaintiff’s suffering.
The Court also pointed out that the cases the appellant referred to involved more severe injuries, longer recovery times, medical follow-ups, and sometimes permanent issues or psychological effects — none of which applied to this case.
The Supreme Court concluded that the motorcyclist’s injuries were relatively minor, with no fractures or complications, and that he recovered quickly. Thus, the €600 compensation was considered reasonable and in line with established compensation principles.
The appeal was rejected in full, and the Court ordered the appellant to pay an additional €500 in legal costs to the respondent, plus VAT where applicable.