KCC 9/2005
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Appeals, General Personal Injury, General Insurance Law, General Contract Law, Rights & Duties of Employees & Employers, Litigation Procedure & Practice, General Criminal Law & Disposition of Offenders
Copyright
LexisNexis
Decision date
6 Dec 2006
Catchwords
Appeal – Personal Injury – Insurance – Workplace Injury – Contract – Employee’s Rights – Employer’s Liability – Criminal Case - Litigation Procedure
This case involved a claim by an employee for compensation for a workplace injury, The employer filed a case against an insurance company for the compensation. The company tried to argue the contract breached civil law requirements. This defence was irrelevant as it was brought for the first time before the court of cassation.
Background
An employee made a complaint against a company and requested the Labour Department to order the company to pay him compensation for a work injury. The department referred the case to the court.
The company filed a case against an insurance company and requested the court to order the company to pay compensation.
The court ruled that the company should pay the employee compensation. The court suspended the consideration of the second case until the case in another penal case was settled.
The company appealed the ruling before the court of appeal. The court upheld the appealed ruling in the first case and ruled the insurance company should pay the company the compensation.
Decision