Kuwait Court of Cassation principle number 671

An injury resulting in death. The injured person’s capacity, before his death, even by a moment, to acquire rights, including his right to compensation for the harm suffered. Once this right is established for him before his death, his heirs receive it from him as part of his estate. They may claim it on the basis of liability arising under the contract of carriage to which the deceased was a party. This compensation differs from the compensation which the heirs may - 134 - Civil Procedure claim for the material and moral harm they personally suffered owing to their predecessor’s death, and which may be claimed against the carrier on the basis of the provisions governing tort liability.