Kuwait Court of Cassation principle number 47

Compensation for tortious liability. Its scope: material and moral damage. Basis thereof. - Moral damage. Its nature. The Constitution guarantees the human right to life and bodily integrity, and the law criminalises infringement thereof. Implication thereof: impairment of bodily integrity constitutes material and moral damage. - 15 - Obligation - The criminal judgment’s finding that the elements of liability, namely fault and damage of both types, exist. Precludes the civil court from re-examining those elements. Contravening this and ruling to dismiss the compensation action - for the same act and against the person responsible for it - on the ground that damage has not occurred. An error in applying the law. Requires its cassation.