Facts
The insured, born in 1926, suffers from multiple sclerosis with tetraparesis. Since 1976, he has been unable to walk outdoors and in May 1976 he acquired, at his own expense, an electric vehicle of the STUMP-Batricars model at a price of CHF 5,000, which is approved for road traffic, but cannot be used in his apartment due to its size and weight. The Federal Compensation Office rejected a contribution towards the acquisition costs, as the requirements for the provision of a motor vehicle were not met.
The insured filed a complaint requesting that he be awarded cost contributions in the amount of the costs of an electric wheelchair, or alternatively, a regular wheelchair. The AHV Appeals Commission of the Canton of Zurich dismissed the complaint.
In the administrative court appeal, the insured requested that he be granted amortization contributions based on the acquisition costs of an electric wheelchair not suitable for road traffic.
Considerations
The Federal Insurance Court states that while the insured would be entitled to an electric wheelchair not suitable for road traffic, the electric vehicle he acquired cannot be used in the apartment and therefore does not fulfill the function of the assistive device to which he is entitled. Therefore, there is no obstacle to granting amortization contributions.
The court refers to its previous judgments in Gschwend and Furginé, in which it…