Supreme Court dismisses appeal; prior final ruling on pension bars new evidence in compensation case.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a decision denying a one-time monetary compensation to the parents of a deceased soldier. The applicants argued that the soldier contributed to their support before death, a fact contested by the military authority. The court ruled that because a final judgment had already denied the parents a family pension based on the same contribution requirement, the issue was prejudicial and could not be re-examined in the compensation proceedings.
Legislator headnote
AI generatedArt. 1, Art. 6 ust. 1 pkt 2 ustawy o świadczeniach przysługujących w razie wypadków i chorób pozostających w związku ze służbą wojskową; Art. 365 § 1 k.p.c.: A court hearing a claim for one-time monetary compensation cannot establish facts regarding a soldier's contribution to parents' support if a final judgment denying a family pension on that basis has already been rendered.