Kuwait Court of Cassation principle number 4204

Assessment of compensation arising from the air carrier's liability in the carriage of checked baggage and goods. Its manner. The consignor may, when delivering the goods, alert the carrier to the importance he attaches to their contents and pay the additional charges for them. Compensation in this case is assessed on the basis of the value specified by the consignor unless the carrier proves that it exceeds the actual value. No particular form is prescribed for the notification. Its effect. It may be proved by the air waybill or by any other means. The condition for this. Article 22/2 of the Warsaw Convention, its amending Protocol, the Convention supplementary thereto, and Law 20 of 1975. - The challenged judgment's ordering the carrier company to compensate the respondent for the shortage in the consignment and assessing it at its actual value on the basis of what it inferred from the two expert reports and the consignment's air waybill as to the establishment of the air carrier's liability, and its conclusion that the consignor company stated the consignment's actual value, alerted the carrier to its contents, and expressed its readiness to pay the additional charges. Challenging its inferences. A factual dispute beyond the review of the Court of Cassation.