Kuwait Court of Cassation principle number 3847

The direct actor's obligation to guarantee against bodily harm, that is, to pay diya. A subsidiary rule through which the legislator intended to ensure that shed blood does not go uncompensated in cases where the rules of liability for unlawful acts fail to compensate for it. This encompasses everyone whose liability for bodily injury is established, such as the custodian and the insurer. - 710 - Obligation - The insurance company providing coverage is obliged to cover civil liability for property damage and bodily injury arising from the accident. Its effect: the injured party has a personal right enforceable against it. The nature of this right: it is a direct right whose source is the law. Article 63 of the Minister of Interior's Decision concerning the Executive Regulations of the Traffic Law. - The insurance company's payment of diya constitutes payment of the debt incumbent upon it, and it has no right of recourse for what it paid against the custodian, the insured vehicle owner, so long as he has not contravened the law or the terms of the insurance policy. Nor may it benefit from the provisions governing the guarantee against bodily harm by having recourse against the direct actor for what it paid. Reason thereof. - The judgment ruling that the female respondent is entitled to have recourse against the appellant for what she paid to the victim's heirs, the characterization of an extraneous cause, and the causal link is not broken thereby. Its effect. The custodian's liability remains. Example of the liability of a vehicle owner who handed it to another person who held no driving licence and caused an accident with it. - See also: Liability for the guarantee against bodily harm, diya as compensation, State liability as a subsidiary guarantee. Physician's liability: