Kuwait Court of Cassation principle number 3282

The direct actor. Obliged to provide indemnification for personal injury. His obligation to pay blood money or a part thereof in accordance with the provisions of Islamic Sharia and the contents of the blood-money schedule. Articles 251, 255 of the Civil Code. - Indemnification for personal injury. A fallback indemnity. Its purpose is to preserve shed blood from going uncompensated in cases where the provisions on liability for unlawful acts fall short of providing compensation. Its effect. - Restriction of the direct actor’s liability to blood money or a part thereof. The injury not reaching the level for which blood money or the prescribed injury indemnity is payable according to the blood-money schedule. The direct actor is not liable to indemnify it under the provisions on indemnification for personal injury. - The bone fracture called al-hashimah. Its nature. - Wounds that are not in the head or face but in the rest of the body, even if they involve a bone fracture. Wounds for which there is no prescribed injury indemnity, but for which an equitably assessed indemnity is due. Subject to the court’s assessment. - Fracture of the clavicle. Compensation for it is an equitably assessed indemnity for which the direct actor is not liable. The elements of compensation under the rules of tort liability must be present. Acquittal of the person who, through fault, caused the victim the aforementioned injury. Its import. Absence of liability on the part of the driver of the car. The judgment obliging the insurance company to pay compensation on the basis of the direct actor’s liability. An error requiring its cassation. Loan