Kuwait Court of Cassation principle number 567

Multiplicity of the victim’s injuries. Its consequence. Entitlement to Sharia-prescribed diyah for each injury listed in the Schedule of Diyahs. Injuries not listed in the Schedule of Diyahs give rise to entitlement to an equitable assessment of compensation (hukumat adl), assessed by the court of merits. The condition for this. - The injured party’s entitlement to diyah and an equitable assessment of compensation does not preclude compensation for the material and moral damage suffered as a result of the injury. This does not constitute an award of compensation for a single element of damage. - Assessment of compensation making good the damage. Within the authority of the judge of merits. The judge may award aggregate compensation for all - 114 - Obligation damages. Its condition: specifying the elements of damage for which this compensation was awarded and discussing each element thereof. Subject, in this respect, to review by the Court of Cassation. The consequence thereof. The judgment must state without ambiguity the diyah, prescribed injury indemnity (arsh), or equitable assessment of compensation awarded, and the amount of material and moral compensation. An example concerning the challenged judgment’s failure to specify the amount awarded as diyah, prescribed injury indemnity, or equitable assessment of compensation, its failure to grant the injured party material and moral compensation, and its allocation of the compensation amount without clarifying the reasons therefor, requiring its cassation.