Facts
The appellant, X., suffered a gunshot wound in the abdomen on (...). He applied for compensation to the Cantonal Victim Support Agency of the Canton of Zurich. The Victim Support Agency granted him compensation of CHF 16,600, which amounts to CHF 70,000 if the integrity compensation of CHF 53,400 paid by the accident insurance is added. X. appealed to the Social Insurance Court of the Canton of Zurich, which dismissed his appeal. X. then filed an administrative appeal with the Federal Supreme Court.
The Federal Supreme Court had to decide whether the assessment of the compensation by the Victim Support Agency and the Social Insurance Court was lawful and whether X. was entitled to interest on the compensation.
Considerations
The Federal Supreme Court stated that the assessment of the compensation must be made in accordance with Art. 12 para. 2 of the Victim Support Act (VSA). The amount of the compensation is a decision based on equity, which is based on the circumstances of the individual case. The court found that the Victim Support Agency and the Social Insurance Court had assessed the compensation in two phases: first, a base value was determined, which was based on the integrity compensation of the accident insurance, and then the specific circumstances of the individual case were taken into account.
The Federal Supreme Court found that the assessment of the compensation by the Victim Support Agency and the Social Insurance Court was lawful. It found that the Victim Support Agency and the Social Insurance Court had taken into account the relevant circumstances of the individual case, such as the severity of the injury, the intensity and duration of the impact on the victim's personality, and the resulting…