Facts

Walter [B.], born in 1948, suffered a serious jeep accident during his military service on May 31, 1980, resulting in paraplegia. The MilIA has paid the legal benefits. Walter [B.] has also received compensation from the third-party liability insurance of the person responsible for the accident, including CHF 85,000 for moral damages. He also receives a pension and an indemnity for mild disability from the DI. On February 7, 1986, the Federal Office of Military Insurance (OFAM) decided, in particular: - Pension for Impairment of Integrity: Walter [B.] receives a pension for impairment of integrity based on a degree of impairment of 65% and a base salary of CHF 15,000, redeemed on February 1, 1985 for CHF 174,037.50, with a deduction of the CHF 85,000 moral damages indemnity paid by the third-party liability insurance. - Allowance under Art. 22 MilIA: Walter [B.] is entitled to a monthly allowance of CHF 427.80 from May 1, 1985 to August 31, 1986, with a deduction of the CHF 138 indemnity for mild disability from the DI.

Considerations

The key points of the decision are as follows

Regarding the calculation of the pension for impairment of integrity

  • The degree of impairment of integrity of 65% set by the OFAM is appropriate, and it is not possible to apply the rates indicated in Annex 3 of the AIO by analogy to determine the degree of impairment.
  • The basis for calculating the pension cannot be set at CHF 15,000, but must be recalculated in accordance with the case…