KCC 176/2006/1
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Insurance Law, Companies & Corporate Bodies, Civil Courts, Litigation Procedure & Practice, General Personal Injury, Road Traffic Offences, Road Transport
Copyright
LexisNexis
Decision date
22 May 2007
Catchwords
Insurance Company – Litigation Procedure – Defence – Court – Personal Injury – Road Traffic Accident – Driver Lacked License
This case involved a claim for personal injury against a company after a car they owned had injured a person in a road traffic accident. An insurance company was added to the case. The insurance company was incorrect to argue for a first time at the court of cassation that they should not be required to pay the compensation as the driver did not have a license. This should not have been argued for the first time at this court.
Background
A company filed a case against two defendants and requested the court to order the defendants to pay an amount of money and legal interest. The company stated a vehicle which belonged to the first defendant had hit a person and the company had paid him compensation. The company stated it received authorization from the person to claim the amount.
The first defendant added an insurance company to the case and requested the court to order it to pay the amount.
The court ruled that the two defendants should pay the company 5100 Dinars.