Facts
Daniel Tonezzer, born on October 10, 1911, suffered severe injuries in a traffic accident in Zurich on November 28, 1958. The accident occurred when Tonezzer was riding his motorcycle on the Bürkliplatz and collided with a motor vehicle coming from the Quaibrücke. Tonezzer was seriously injured and had to undergo several operations. He was hospitalized until May 16, 1959 and had to undergo further operations in 1960 and 1961. The Swiss Accident Insurance Institution (SUVA) has been paying Tonezzer a pension since April 15, 1960 due to a 40% partial incapacity to work. However, Tonezzer resumed his work as a driver of light trucks in the service of the City of Zurich's Road Inspectorate on March 27, 1961 at 80% capacity and received 80% of his salary, without taking the SUVA pension into account.
Tonezzer sued the "Zurich" Insurance Company, which had insured the owner of the truck involved in the accident against liability, for the payment of additional compensation. He also sued the driver of the truck, Willy Suter. Both the District Court of Zurich and the High Court of the Canton of Zurich dismissed the claims.
Considerations
The Federal Court states that according to Art. 100 KUVG, SUVA only "enters into the rights" that the insured and their dependents have against a third party liable for the accident, up to the amount of its benefits. If the damages suffered by the injured party are not fully covered by the insurance benefits, the insurers can only assert their rights of recourse against the liable parties or their liability insurers to the extent that the injured party is not disadvantaged.
The Federal Court decided that the claim for compensation for all…