Kuwait Court of Cassation principle number 3923

The State's obligation to guarantee compensation for personal injury. Its prerequisite. The impossibility of identifying the person responsible for the harm or obliged to guarantee compensation for it, and the absence of the injured party's intentional self-injury or if his injury resulted from gross misconduct on his part. Gross misconduct. Its nature. - An award of Sharia blood money to the heirs of the driver of the vehicle in which the respondents' deceased predecessor was riding, by a judgment having res judicata effect, on the basis that he neither caused the accident nor directly caused the harm, and the absence from the papers of anything indicating that this deceased intentionally injured himself or that his injuries resulted from gross misconduct on his part, and the absence of anything indicating that the accident was attributable to the act of a particular person. Import thereof. The State is the subsidiary guarantor of Sharia blood money. The challenged judgment's departure from this view renders it defective and requires its cassation. The State's liability to compensate an employee for a work injury: