Kuwait Court of Cassation principle number 4208

The respondents’ request that the air carrier be ordered to compensate the material and moral damage they personally sustained as a result of the death of their decedent, on the basis of the provisions of tortious liability, considering that they were not parties to the contract of carriage. The challenged judgment’s rejection of the appellant’s defense alleging error in the appealed judgment for changing the cause of action because it based its compensation award on the provisions of that liability. Does not vitiate it.