Kuwait Court of Cassation principle number 84

The direct actor. His definition. The nature of direct action differs from that of indirect causation. The direct actor's liability for diya. Its basis. His direct infliction of damage. Negating fault on his part or the occurrence of fault on the injured party's part. Consequently. His liability is not removed. The injured party's deliberate injury to himself or the occurrence of the injury as a result of gross and intentional conduct on his part. Consequently. The direct actor's liability is removed. Inference thereof is within the authority of the court of merits. Its condition. - The insured vehicle's collision with the injured person's vehicle after it changed its direction to that of the same first vehicle. Injury to the driver of the second vehicle. Consequently: the movement of the insured vehicle caused the injuries as a result of its collision with the second vehicle, and the driver of the first vehicle is the direct actor. This is not altered by the mere deviation of the driver of the second vehicle, in which the injured person was, into the part of the road occupied by the first vehicle. The reason therefor: this deviation is no more than a mere violation of traffic rules and does not rise to the level of gross and intentional misconduct which does not remove the status of direct actor.