Analysis of the Judgment Cass. civ. n. 14362/2019: Compensation for Property Damage and Compensatio Lucri cum Damno
The judgment n. 14362 of 2019 by the Court of Cassation represents an important reference in the field of damage compensation and civil liability, particularly regarding the assessment of property damages resulting from a fatal road accident. In this article, we will explore the key points of the decision, analyzing the legal implications and the rules referred to by the Court.
The Context of the Judgment
The case in question concerned the appeal by M. P. and others against Generali Business Solutions S.C.p.A. and Van Service S.r.l., regarding the rejection of the claim for compensation for property damage due to loss of earnings following the death of a family member in a road accident. The Court of Appeal of Messina had already dismissed the request, highlighting that INAIL had granted annuities to the deceased's relatives, which, according to the Court, excluded the right to compensation.
The central issue concerns the possibility of combining compensation for property damage with INAIL annuities, in light of the principle of compensatio lucri cum damno.
The Principle of Compensatio Lucri cum Damno
The Court of Cassation reaffirmed the importance of the principle of compensatio lucri cum damno, which prevents the duplication of compensation for the same damage. In the specific case, the appellants argued that the damage from loss of earnings should be compensated regardless of the INAIL annuities, as the latter constituted a social security obligation and not compensation for the damage suffered.
- The first ground of appeal concerned the violation of articles 143, 1223, 1226, and 2056 of the Civil Code, contesting the Court of Appeal's decision not to recognize the property damage.
- The second ground sought to demonstrate that, even accepting the principle of compensation, there remained a right to compensation for the difference between the amount of the annuities and the actual damage.
The Court's Conclusions
The Court rejected the main appeal, stating that the sums received as INAIL annuities should be deducted from the compensation claimed to avoid unjust enrichment. It also reiterated that, in cases of fatal accidents, the victim's family members can rely on a dual form of protection: that provided by INAIL and that arising from civil liability for the damage suffered.
Conclusions
The judgment n. 14362/2019 of the Court of Cassation clarifies the dynamics between damage compensation and social security benefits, highlighting how the principle of compensatio lucri cum damno applies to avoid duplications. The decision reinforces the concept that social security benefits, such as those from INAIL, do not prejudice the right to compensation for property damage but must be considered in the final calculation to ensure a fair balance. This aspect is crucial for legal professionals assisting families involved in road accidents, providing them with clear guidance on legal expectations in such situations.
