Kuwait Court of Cassation principle number 550

Multiplicity of the victim’s injuries. Its consequence. His entitlement to a Sharia diyah for each injury listed in the diyah schedule. Injuries not listed in the diyah schedule entitle him to hukumat ‘adl assessed by the trial court. The condition for this. - The injured party’s entitlement to diyah and hukumat ‘adl does not preclude compensation for the material and moral damage he sustained as a result of the injury. This is not considered an award of compensation for a single element of damage. - Assessment of compensation making good the damage. Within the trial judge’s authority. He may award aggregate compensation for all damage. Its condition: stating the elements of damage for which this compensation was awarded and discussing each element thereof. His being subject in this respect to review by the Court of Cassation. Its consequence. The judgment must state without ambiguity what it awarded as diyah, arsh or hukumat ‘adl and the amount of material and moral compensation. An example concerning the challenged judgment’s failure to state the amount awarded as diyah, arsh or hukumat ‘adl, its failure to grant the injured party material and moral compensation, and its allocation of the compensation amount without explaining the reasons therefor, necessitating its cassation.