KCC 176/1998
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Personal Injury, Schools, Civil Evidence, Compensation, Civil Courts, General Health Law
Copyright
LexisNexis
Decision date
25 Jan 1999
Catchwords
Personal Injury – School – Evidence – Medical Report – Compensation - Court
This case involved a claim for personal injury for a child who had been injured at school. It was wrongly claimed there was no evidence of damage as a result of the accident. The court had the authority to decide this and had done so based on a medical report.
Background
A claimant, as a trustee of his underage daughter, filed a case against two defendants and requested the court to order them to pay compensation of 5001 Dinars for the injury of his daughter had had at school.
The court rejected the case.
The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled that the first defendant should pay the claimant 10000 Dinars.
The first defendant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had contradictions of material documentary evidence because the medical reports concluded damage had not resulted from the accident.