Kuwait Court of Cassation principle number 590

The State's obligation to guarantee bodily injury. Its prerequisite. Inability to identify the person responsible for the harm or obliged to guarantee it, and the absence of deliberate self-injury by the injured party, or if his injury resulted from gross misconduct on his part. Gross misconduct. Its nature. - The award to the heirs of the driver of the vehicle in which the respondents' predecessor was riding of Sharia diya by a judgment having res judicata effect, on the basis that he neither caused the accident nor directly inflicted the harm, and the absence from the papers of anything indicating that this predecessor deliberately injured himself or that his injuries resulted from gross misconduct on his part, and their absence of anything indicating that the accident was attributable to the act of a particular person. Its import is that the State is the subsidiary guarantor of Sharia diya. The challenged judgment's departure from this view vitiates it and requires its cassation. The condition for entitlement to compensation for material and moral damage in addition to diya: