Facts
On 31 July 1984, H. drove his vehicle while intoxicated and collided with the sisters Doris and Beatrice V., who were riding a motorcycle in the opposite direction. Doris V. died from her injuries. Her parents and her sister Beatrice, as well as her fiancé André M. with whom she was living, filed a claim for damages and compensation for moral prejudice against insurance company X. as the responsible insurer. The cantonal court partially upheld the claim and awarded a total amount of 86,350 francs to the claimants. On appeal by André M., Doris V.'s parents, and her sister Beatrice, the higher court increased the compensation for moral prejudice to 25,000 francs for the parents, 25,000 francs for André M., and 12,000 francs for the sister. The claimants appealed against this judgment.Considerations
The Federal Tribunal considered that Doris V. and André M. were engaged at the time of the accident, which gives them the status of entitled persons within the meaning of Art. 47 CO. Even in the absence of formal engagement, the Federal Tribunal accepts that cohabitants may also claim compensation for moral prejudice when their relationship has a lasting character and is comparable to a marriage.
Regarding the amount of compensation for moral prejudice awarded to André M., the Federal…