Kuwait Court of Cassation principle number 3953

The direct perpetrator's obligation to answer for personal injury, that is, to pay diya. A fallback provision. The legislator's purpose therein. To ensure that shed blood does not go uncompensated in cases where the provisions governing liability for unlawful acts fail to compensate for it. This extends to 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. Its effect: the injured party 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 diya constitutes payment of the debt owed by it, and it has no right of recourse for what it paid against the custodian, the insured owner of the vehicle, so long as he has not contravened the law or the terms of the insurance policy. Nor may it benefit from the provisions governing liability for personal injury by recourse against the direct perpetrator for what it paid. The rationale thereof. - The judgment's ruling that the respondent was entitled to recourse against the appellant for 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 diya. An error in applying the law requiring partial cassation.