Kuwait Court of Cassation principle number 577

The direct actor. Obliged to answer for bodily harm. His obligation to pay diyah or a portion thereof in accordance with the provisions of Islamic Sharia and the contents of the Schedule of Diyahs. Articles 251, 255 of the Civil Code. - Liability for bodily harm. Subsidiary liability. Its purpose is to ensure that shed blood does not go uncompensated where the provisions governing liability for unlawful acts fall short of providing compensation. Its effect. Restricting the direct actor’s liability to diyah or a portion thereof. An injury falling short of that for which diyah or prescribed injury indemnity under the Schedule of Diyahs is payable. The direct actor is not liable to answer for it under the provisions governing liability for bodily harm. - The bone fracture termed hashimah. Its nature. - Wounds not in the head or face but in the remainder of the body, even if involving a bone fracture. Bodily wounds for which no injury indemnity is prescribed, but for which an equitable assessment of compensation is due. Subject to the court’s assessment. - Fracture of the clavicle. Compensation therefor is an equitable assessment of compensation for which the direct actor is not liable. The elements required for compensation under the rules of tort liability must be present. A judgment acquitting the person who negligently caused the victim to sustain the aforementioned injury. Its consequence. Absence of liability of the vehicle driver. The judgment’s ordering the insurance company to pay compensation on the basis of the direct actor’s liability. An error requiring its cassation.