Facts
On May 29, 1978, during the demolition of an industrial building by Air Defense Regiment 41, a metal fragment weighing 83 grams was projected approximately 40 meters away, penetrating the window of a laundry and shattering the face of Ms. X., who was working on a machine. Ms. X. suffered serious injuries, including fractures of the upper and lower jaw, the zygomatic bone, injuries to the right eye, the soft tissues of the face and the tongue, as well as a cerebral contusion. She became blind in the right eye and remained permanently disabled. Despite numerous operations and plastic surgeries, her face remained severely disfigured. The divisional court sentenced Lieutenant-Colonel A. to a suspended prison sentence of twenty days for negligent bodily harm and endangerment through explosives. In addition to compensation for material damages, Ms. X. received an indemnity of 60,000 Swiss francs from the Swiss Confederation for moral damages. She subsequently filed a claim to obtain an additional 140,000 Swiss francs in moral damages, plus interest at 5% since May 29, 1978.Considerations
The Federal Tribunal has jurisdiction to rule on claims for personal damages caused to a third party by a soldier, pursuant to Art. 28(1) of the Military Organization Act.
According to Art. 47 CO, applicable by analogy pursuant to Art. 27(1) of the Military Organization Act, the judge may award the victim of a bodily injury an appropriate sum of money as moral damages, taking into account the particular circumstances. The amount of this indemnity cannot be precisely calculated, but must be estimated based on the nature and severity of the injuries, their impact on the victim's personality, and the degree of fault of the responsible party.
The recent case law of the Federal Tribunal tends to set higher compensation amounts in serious cases, in order to…