The heirs of a man who died as a passenger in a road accident seven years ago, were awarded €55,815.49 after suing the driver for damages.

The incident which left 18-year-old Joseph Gabriel dead, happened in St Andrew’s Road, Swieqi. It involved two cars driven by Jean Paul Farrugia and Clive Ellul. Mr Gabriel had been a passenger in Mr Farrugia’s car. The First Hall of the Civil Court, presided over by Mr Justice Joseph Azzopardi heard that Mr Farrugia, Mr Gabriel, and another passenger Noel Busuttil had been drunk. The car was being driven on the wrong side of the road and crashed head-on. Mr Ellul’s car consequently crashed into a tree.

On the other hand, Mr Gabriel had not been wearing a seatbelt and this factor affected the damages award. In the meantime, Fogg insurance, being the insurance company covering the car in which Joseph Gabriel was passenger, filed an application to annul the insurance policy and to obtain a court declaration stating that it is not obliged to pay according to the said policy. Its request was turned down. Dr Jose Herrera and Dr David Camilleri appeared for the heirs of Joseph Gabriel.