Kuwait Court of Cassation principle number 3424

Determining whether damage is established or negated. A matter of fact independently determined by the trial judge, provided the determination is reasonable. - Assessment of damage and determination of compensation redressing it. A matter of fact independently determined by the trial judge. The condition for this. Compensation must be proportionate to the damage. The reason for this. - Assessment of compensation for moral damage. It is sufficient that it be an amount that consoles the injured party and that the court considers appropriate. - The appellate court’s modification of the amount of compensation is among the matters within its discretionary authority and may not be debated before the Court of Cassation. The condition for this: the court must state the considerations for which it increased or reduced it. Example concerning the challenged judgment’s modification of the amount of compensation without stating the considerations for which the increase was awarded, in a manner requiring its cassation.