Dismissal of the action for damages and compensation for moral harm by the Bidenger spouses against the "Bâloise-Accidents" General Insurance Company

Facts

- On August 9, 1961, Roland Jecker, who had held a driver's license for 20 days, caused a road accident with his car, injuring the Bidenger spouses. - On October 10, 1961, the Department of Justice and Police of the Canton of Valais convicted Jecker of a fine for a violation of the Road Traffic Act, without reporting him for negligent bodily harm. - In May 1963, the Swiss Accident Insurance Company "Helvetia-Accidents" claimed compensation from Jecker's insurer, the "Bâloise-Accidents" General Insurance Company. - On June 3, 1966, the Bidenger spouses filed an action against Bâloise for payment of compensation.

Considerations

1. The action for damages and compensation for moral harm is subject to a two-year statute of limitations from the day the appellants became aware of the damage and the responsible person, in accordance with Art. 83 para. 1 RTA. The longer statute of limitations provided for punishable…