Kuwait Court of Cassation principle number 3955

The State’s obligation to guarantee personal injury. Its criterion. Inability to identify the person responsible for the damage or obliged to guarantee it, and absence of the injured party’s intention to injure himself, or if his injury resulted from gross misconduct on his part. Gross misconduct. Its nature. - Awarding Sharia diyah to the heirs of the driver of the car in which the deceased predecessor of the respondents was riding, by a judgment having the force of res judicata, on the basis that he had neither caused the accident nor directly caused the damage, and the papers containing nothing indicating that this deceased had intentionally injured himself or that his injuries resulted from gross misconduct on his part, and containing nothing indicating that the accident was attributable to the act of a particular person. Its consequence. That - 733 - Obligation the State is the subsidiary guarantor of Sharia diyah. The challenged judgment’s departure from this view vitiates it and requires its cassation. - See also: Compensation, diyahs, recourse, State liability subsidiary solidarity, liability of the direct actor. Consequence of liability - Compensation: Condition for claiming compensation: