Kuwait Court of Cassation principle number 3835

The direct actor is obliged to guarantee compensation for personal injury. His obligation to pay diya or part thereof in accordance with the provisions of Islamic Sharia and the contents of the diya schedule. Articles 251.255, Civil Code. - Guaranteed compensation for personal injury. A subsidiary guarantee. Its purpose is to ensure that shed blood does not go uncompensated in cases where the rules of liability for unlawful acts fail to provide compensation. Its effect. Limiting the direct actor's liability to diya or part thereof. The injury not reaching the level for which diya or the prescribed arsh is payable under the diya schedule. The direct actor is not liable to guarantee compensation for it on the basis of the rules of guaranteed compensation for personal injury. - The bone fracture termed hashimah. Its meaning. - Wounds that are not to the head or face but to the rest of the body, even if involving a bone fracture. Wounds for which there is no prescribed arsh but for which an equitable assessment is required. Subject to the court's assessment. - Fracture of the clavicle. Compensation for it is an equitable assessment for which the direct actor is not liable. The elements of compensation under the rules of tort liability must be present. The acquittal of the person who negligently caused the victim the aforementioned injury. Its implication. Absence of liability on the part of the vehicle's driver. The judgment requiring the insurance company to pay compensation on the basis of the direct actor's liability. An error requiring its cassation.