Facts
In October 1982, Beatrice [W.] suffered whiplash of the cervical spine in a traffic accident. The Swiss Accident Insurance Institution (SUVA), from which Beatrice [W.] received a disability pension, intervened as the main party in the proceedings. SUVA claimed that the plaintiff's claim for compensation for the reduction in pension was transferred to it by subrogation pursuant to Art. 41 et seq. UVG.
The District Court found that SUVA was subrogated to the compensation for the pension damage owed by the defendant to the injured party, up to the amount of the disability pension it had to pay beyond the presumed period of activity of the injured party, up to a maximum of CHF 200,000 plus 5% interest since January 1, 1995. The defendant appealed to the Cantonal Court, which confirmed the contested decision.
In its appeal, the defendant requested the Federal Court to set aside the judgment of the Cantonal Court and dismiss the claim.
Considerations
The Federal Court dismissed the appeal. It stated that the requirements for the subrogation of the accident insurer were fulfilled. On the one hand, there is functional congruence, since the disability pension paid out according to the UVG after reaching the AHV age and the tort-based pension damage serve the same economic function. On the other hand, the temporal congruence is also given, as the pension damage…