Facts
The insured, born in 1946, has suffered from paraplegia since 1966 due to a motorcycle accident. Since 1972, he has worked as a watchmaker in Biel. In 1979, he received amortization and repair cost contributions from the Compensation Fund of the Canton of Vaud for a motor vehicle that he used for his commute from Yvonand to Biel. In 1984, he relocated his residence to Gerolfingen, which extended his commute to approximately 12 km. Subsequently, he applied to the Disability Insurance in 1984 for the provision of a new automobile, which the Compensation Fund of the Canton of Bern, however, rejected.
The insured filed a complaint against this rejection. The Federal Insurance Court overturned the decisions of the lower instances and determined that the insured is entitled to amortization and repair cost contributions of Category C (for automobiles with automatic transmission) as of February 1, 1984.
Considerations
The court stated that the insured, as a part-time employed watchmaker, engages in a permanent and livelihood-securing occupation and, due to his disability, is dependent on a motor vehicle with automatic transmission. The relocation of his residence to Gerolfingen does not constitute a violation of the duty to mitigate damages, as it cannot be expected of the insured, considering his fundamental rights to free choice of residence and workplace, to reside in Biel for the entire remaining period of his active employment.
The court emphasized that in assessing the duty to mitigate damages, not only the…