Kuwait Court of Cassation principle number 3792

The deceased’s driving the vehicle on the right side of the road, then turning left to enter an opening in the central median after seeing the insured vehicle behind him at a distance of 2 or 3 metres. Death occurring as a result of the insured vehicle colliding with the deceased’s vehicle. The driver of the insured vehicle is the direct actor so long as the deceased’s act was free of gross misconduct. - Mere violation of the Traffic Law does not rise to the level of gross misconduct. - Diyah is compensation for the bodily injury itself, enters the injured person’s assets, and is considered a partnership shared by his heirs according to the Sharia shares.