KCC 1938/2010
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait, Syria
Taxonomy
General Personal Injury, General Insurance Law, Remedies
Copyright
LexisNexis
Decision date
7 Feb 2012
Catchwords
Insurance Company – Personal Injury – Death – Road Traffic Accident – Damages – Calculation of Damages
This case involved claims for compensation against an insurance company which had insured a car which had been involved in an accident. The accident had taken place in Syria and the deceased's heirs made the claim. This case stressed that the court has the right to decide the appropriate compensation. However, the evaluation of the compensation should not have been based on Syrian law.
Background
The heirs of a man filed a case against an insurance company and requested the court to force the company to pay compensation. The heirs stated their father had died in a car accident and the car had been insured by the insurance company. According to the heirs, the accident had happened in Syria.
The court ruled that the insurance company should pay the compensation.
The heirs and the insurance company appealed the ruling before the court of appeal (Appeal No: 1439/2010) and (Appeal No: 1655/2010). The court rejected the first appeal and modified the ruling to force the insurance company to pay the compensation above the heir's nominal damages but rejected claims for compensation for material damage.