Background

An employee filed a case against a company requesting that the court order it to pay compensation for damage as a result of a working accident.

The employee added an insurance company to the case requesting that the court order it to pay the value of compensation.

The company filed a case against the insurance company requesting that the court order it to pay the value of compensation.

The court ruled that the company pay the employee 11184.550 Dinars and the insurance company pay the company the mentioned amount.

The company and insurance company appealed and the appeal court abandoned the ruling and rejected the case.

The employee appealed by cassation.

Decision

Before the cassation court the employee argued that the ruling had erred in the application of law and had insufficient evidence of causation as the court had rejected his case based on the injury occurring outside of work, however, the accident occurred during obligatory service which is considered part of the working service period under Article 23 of Kuwait Law No. 102/1980.