Kuwait Court of Cassation principle number 603

Fixing compensation for injury to the person by reference to blood money. Its condition. - An injury not reaching the degree for which blood money or a prescribed injury indemnity is payable. Compensation therefor is an equitably assessed indemnity as determined by the judge to make good the damage. - Blood money and its portions. Prescribed in accordance with the provisions of Islamic Sharia. Implication thereof. Those provisions must be consulted to ascertain cases of entitlement to blood money and the ability to recover or claim it. - Extinction of a right by prescription. Unknown in Islamic jurisprudence. Its making the hearing of an action asserting a right barred by the passage of time. The legislature's fixing its period at fifteen years. Effect thereof. Claims for blood money and its portions are not heard after the said period has elapsed. Exception. The State's guarantee to compensate the injured party and compensation for injuries not included in the blood-money schedule. They are time-barred after three years. - Actions arising from an insurance contract. Subject to three-year prescription, whatever the right they protect. Exception. Cases of entitlement to blood money and its portions. They are time-barred after fifteen years. - 122 - Obligation - The contested judgment's statement that, if compensation for the injury itself is an equitably assessed indemnity, an action claiming it is not heard after fifteen years. An error that led it to award the provisional compensation sought for all the respondent's injuries without ascertaining which of them warranted blood money or a prescribed injury indemnity and which warranted an equitably assessed indemnity.