The court's decision in Peja, “New Kosovo” will pay the Bicaj family 414 thousand euros in compensation

Istog ʹ Foundation Court in Pec, the Istog branch, has generally approved the Bicaj family indictment, forcing indictee “New Kosovo to compensate for the material damage due to the traffic accident in 2016.

The amounts that are forced to pay the indictee company “New Kosovo's”, under the conviction provided by “Justice Bettim” are: 414,798 thousand euros in the name of the reward of the damage achieved by December 31st 2019, in the name of lost profit and added needs for the help and care of the third person, the purchase of biox3 medical equipment, the maintenance expenses of biodric equipment, the cost of the physical treatment of therapeutic and care with respect for residence expenses, and residence conditions for the patient's treatment, the judiciary, the 44x5th).

In accordance with the trial, the indictee is also obliged to pay the periodic payment obligations for the future, respectively; the monthly fall in the amount of 1,625 thousand euros for the assistance and care of the third person; the monthly fall in the amount of 1,854m euros for the maintenance of bio medical equipment; and the monthly fall in the amount of 1,293 euros for the cost of physical-therapeutic treatment and medical care, as it is said these sums would be paid up to the limit of much of the euro as the 1m euros is involved in the legal conditions.

The new Kosovo insurance company, which, in the amount of compensation for damages of 4114,798 euros, is required to pay interest 8% per year, starting from September 25th 2020 to the defined payment. The same is also forced to pay the cost of the procedure in the amount of 11,997 thousand euros”, the indictment said.

A traffic accident that had occurred on the <x0nd street, muarrem Feyza” in Pristina, on January 27, 2016, had left Nushe Lojaj-Bicane motionless, reports “Justice Bettim”.

For her injuries, she and her family, in July 2016, had filed lawsuits at the Base Court in Pec, the branch in Istog, seeking compensation for the amount of about one million euros.

The indictment had been exercised against the insurance company “New Kosovo's”, as the car with which the accident was caused was secured in this company.

“Based on evidence administered specifically by the communication super-expert at Pristina University, the communications expertise worked by the expert Ahmet Shala, Arlinda Nimaj, the police report, the country's design and investigative police report, the court has concluded that the communications accident occurred on January 27th 2016, and the prosecution of Losca Losca Locza, suffered serious bodily injuries. So based on the management evidence, the court has found that in the concrete case it has to do with exclusive responsibilities the only people assured here of the indictment, and that the Nushe plain accuser with no action has contributed to the cause of the” accident, the prosecution is said to continue.

In accordance with the indictment, the court has found that, on the basis of administered evidence that refers to medical documentation, and separately to medical expertise of January 27, 2017, it has resulted in the prosecution's diagnosis as a case of serious bodily injury, in the medical term Locting Sydrom.

It says that, referring to the findings, relevant qualifications from the expert's expertise and supplementary clarifications of experts at the session, resulted in the indictment having a permanent reduction in the working and professional activity of 100%, there is a permanent need for the third person's care and assistance, for special food, for physical treatment, intensive care of medical treatment, specific residential conditions and position of the prosecution and the medical staff as accompanimentary and accompaniment with bio medical equipment.

The trial, based on the fact-proved situation as superior, estimated that the indictee is responsible for the damage done to the prosecution party, for which indictee is obliged that the damage toʹi compensated on the basis of responsibility and that according to the LSDA provisions.” is said in court.

Court history:

For the accident on January 27, 2016, and the injuries suffered by this accident, Nushe Lojaj-Bicaj and her family, in July 2016, had filed lawsuits at the Constitutional Court in Pec, the branch in Istog, demanding compensation in many of the nearly one million euros.

Presequently, before applying charges for compensation of damages in this case, the husband of the injured, Xhavit Bicaj, was headed to the company “New Kosovo”, but the same had refused to compensate him in the required sum.

While, due to this refusal, Bicaj, was instructed to head to court, exercising indictments.

The indictment had been exercised against the insurance company “New Kosovo's”, since the car with which the accident was caused was secured in this company, while the subject was divided to judge Judge Daut Demiraj.

This case has been traversed by procrastination and legal and procedure violations since the indictment was filed.

Initially, this trial process had started on January 13th 2017, in which the unknown party, the insurance company “New Kosovo”, had demanded that the Istog branch be declared non-competent to try this case, with the argument that the plaintiff is not in place in Istog, but in Pristina, which was rejected by Judge Daut Demiraj.

Then, at the February 3rd 2017 session, the plaintiffs had tested a certificate of Nushe Lojaj-Bicaj settlement, in which it was identified as living in the village of Banj in Istog.

During the same session, the indictment had demanded the expulsion of Judge Demaj from his trial with the claim of bias.

However, the request in question had been rejected by the head of the Constitutional Court in Pec, Kreshnik Radonic, on the claim that the accused side, the request regarding the question of competence had to be sought further until the time of the response to the indictment, which he felt had not made unknown.

After those requests had been rejected and the process could be continued under consideration at the March 28 of 2017 session, after the parties' proposals, the court had decided to set the trial session on May 8, 2017, so that the experts committed to whitewashing the case. That session was preceded by the morning's hearing of road and architecture expert, while in the afternoon, forensic experts.

However, the hearing in question was not held, because Judge Daut Demaj had stopped the procedure in this subject, since the unknown side -- “New Kosovo” -- had announced that it had already begun an investigation into Nushe Lojaj-Bicaj's husband, Xhavit Bicaj, who was one of the plaintiffs, allegedly committed certain criminal acts, which are related to the contestive case judged by him.

To make such a decision, Judge Demajre had enough reports from the unknown side without asking for any information from other instances if that was true.

In addition, the decision to cut the judicial review did not concern the contentious issue, which was the subject of the review. There was no mention in this judge's decision of any evidence that would reason on criminal speculation, which was not further clear whether a decision has been made about the beginning of the investigation of Xhavit Bicate.

In any case, the prosecution had filed a second - degree complaint with the Court of Appeals, on April 18, 2018, viewed it with violation of legal provisions the first - degree decision and had asked the judge to verify the conditions to call for a major hearing or examination of the case, after which a legal decision would be made.

According to the second instance, the judge is not even sure whether or not there is an agreement on the beginning of the investigation.

The moment the court issued an amended ruling, for interrupting the trial cease-and-run procedure, hadn't experienced any of the above-intensive facts as defined by these legal provisions, there was no evidence of the prosecution's demand for the non-compliance procedure. The same request was not given to any single evidence with which her claims regarding the interruption of the procedure were proven, despite the announcement, that against one of the plaintiffs, Bhavit Bicaj uttered criminal speculation, and in the concrete case the act of belonging is based solely on the basis of reporting of the indictment, and that in the subject's paperwork, there is no evidence that the decision has been made to initiate the prosecution's investigation by the prosecution and, as a result, the unconventional act is issued with violation of the prosecution's provisions of the proceedings from us Article 22nd) LP, because the prosecution has enabled the prosecution of the prosecution of the court, they have been told to have a part of their decision.

On November 7, 2018, the show “Justice Vow”, entitled “Bette for Justice”, where it had investigated this case and had reported that an illegal verdict by the judge of the case, Daut Demaj, had put the judgment on hold for more than a year.

But after this research of the “Justice Trust”, Judge Demaj had applied to the head of the Constitutional Court in Pec, Kreshnik Radoniqi, to be excluded from this criminal case, with the reasoning of avoiding any circumstances that might question the impartiality of the court and the preservation of objective in decision making.

Under these circumstances, this subject has been shared with Judge Semeddin Hadijaj.