Legislator Case Law & Legislation
II UKN 113/97 AI generated

Supreme Court allows disability car costs under full compensation rule for work accident victim.

Case Number II UKN 113/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court quashed the lower courts' dismissal of the plaintiff's claim for a disability vehicle, remanding the case for a new assessment of costs. The plaintiff, a work accident victim, argued that the vehicle was essential for his medical treatment and business activities, while lower courts rejected it as merely a convenience. The Court ruled that the statutory obligation of compensation under Article 444 § 1 of the Civil Code mandates full restitution of all necessary expenses, thereby covering the vehicle's purchase price.

Legislator headnote

AI generated

Art. 444 § 1 zdanie 1 KC; Art. 393 § 13 KPC: The obligation of compensation under Article 444 § 1 of the Civil Code encompasses the costs of acquiring a disability vehicle necessary for medical treatment and the continuation of pre-accident business activities.

Keywords

AI generated
obligation of compensation work accident victim disability vehicle costs full compensation rule business activity necessity

Cited Legislation

AI generated
Art. 444 § 1 zdanie 1 KC
Art. 393 § 13 KPC

Cited Case Law

AI generated
I CR 455/80

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