Facts
X suffered a serious accident during his military service in September 1984, resulting in the amputation of both his hands, an injury to his right eye, and scarring on his face. The Federal Military Insurance Office (BFAM) acknowledged the full responsibility of military insurance and granted X various benefits as part of his medical, personal, and professional rehabilitation. After examining the issue of the disability pension for impairment of integrity, the BFAM set the degree of impairment at 60% and redeemed the pension on 1 January 1986. X contested this rate and the amount of the redemption. The cantonal court partially upheld the appeal, setting the start of the right to the pension on 1 April 1985. X appealed to the Federal Insurance Court.Considerations
The Federal Insurance Court considers that the degree of impairment of integrity should be set at 70% due to the loss of both hands, the injury to the right eye, and the scarring on the face. Indeed, the loss of both hands not only results in the complete deprivation of the grasping function, but also a significant limitation of the capacities for perception, expression, and physical contact, which constitutes a very serious impairment of integrity. Furthermore, the right to the disability pension for impairment of integrity arises on 1 December 1984, since the conditions for reconstructive plastic surgery were no longer envisaged and the condition of the stumps was overall predictable. Finally, the redemption of the pension must be carried out on the basis of the determining…