Kuwait Court of Cassation principle number 3838

The direct actor is liable even if he did not act intentionally or transgress. He is the person whose act, personally performed, itself brought about the damage and caused it without an intermediary. Direct action differs in nature from indirect causation, which was a cause of the matter but did not itself bring it about. The motorcycle driven by the deceased predecessor in a sandy area colliding with the right-hand side of the insured vehicle while it was travelling on the main road, resulting in his death. The status of direct actor. Does not attach to the vehicle’s driver, and the insurance company’s liability is negated. Rationale: the intervention of another matter between the vehicle’s movement and the damage, namely the impact caused by the motorcycle driven by the deceased predecessor. The judgment’s departure therefrom. An error in applying the law requiring its cassation.