Kuwait Court of Cassation principle number 3844

The direct perpetrator’s obligation to guarantee injury to the person, namely to pay blood money. A fallback rule by which the legislature intended to preserve spilled blood from going uncompensated in cases where the rules of liability for an unlawful act - 709 - Obligation fail to provide compensation therefor. This includes everyone whose liability for personal injury is established, such as the custodian and the insurer. - The insurance company providing insurance is obliged to cover civil liability for material and bodily damage arising from the accident. The effect thereof: the injured person has a personal right enforceable against it. The nature of this right: a direct right originating in law. Article 63 of the Minister of Interior’s Decision issuing the Executive Regulations of the Traffic Law. - The insurance company’s payment of blood money constitutes payment of the debt owed by it, and it is not entitled to recover what it paid from the custodian, the insured owner of the car, so long as he has not violated the law or the terms of the insurance policy. Nor is it entitled to benefit from the provisions on guaranteeing injury to the person by recovering what it paid from the direct perpetrator. The reason therefor. - The judgment’s ruling that the respondent is entitled to recover from the appellant what it paid to the heirs of the victim who died in the accident, because he had the capacity of direct perpetrator and was therefore liable for Sharia blood money. An error in applying the law requiring its partial cassation.