KCC 559/2007
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Insurance Law, Compensation, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
19 Jan 2010
Catchwords
Compensation for Accidental Death – Causation – Right in Defence – Adding a Party to a Case – Kuwait Pleadings Law
A case involved an insurance company's request to be reimbursed for compensation it had paid out to the heirs of a deceased man.
Background
An insurance company filed a case against a defendant requesting that the court order the defendant to pay an amount of money. The insurance company stated that a man had died in a car accident and the defendant was the driver. The company stated that it had paid the compensation value to the heirs of the deceased man.
The court ruled that the defendant pay the insurance company 10000 Dinars.
The defendant appealed and the appeal court upheld the ruling.
The defendant appealed by cassation.
Decision
Before the cassation court, the defendant argued that the ruling had insufficient evidence of causation and had violated his right in defence as the court ignored his request to add the owner of the car to the case.