Kuwait Court of Cassation principle number 3419

Inference of the existence or absence of damage. A question of fact independently determined by the judge of merits. Condition thereof. - Establishment that the appellants’ deceased predecessor was the sole provider for all the appellants, supported them financially, and that his mother had no provider other than him. Effect. Material damage is established through loss of the opportunity of support. Disproportionality of the material and moral compensation awarded to the heirs by the challenged judgment. The court may increase the compensation to correspond to the damage suffered by the heirs and partially quash the judgment.