THE COMMISSION CONTENDS , IN THE FIRST PLACE , THAT THE ACCIDENT INSURANCE PROVIDED FOR IN ARTICLE 73 OF THE STAFF REGULATIONS AND THE INSURANCE RULES COVERS ALL INJURY AND EXCLUDES ANY CLAIM BASED ON GENERAL LAW . IN THE SECOND PLACE , THE COMMISSION DISCLAIMS ALL LIABILITY FOR THE ACCIDENT AND QUESTIONS THE EXTENT OF THE ALLEGED INJURY AND THE EXISTENCE OF A CAUSAL LINK BETWEEN THE ACCIDENT AND THE INJURY .
9 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE FACTS OF THE CASE AND THE DETAILED ARGUMENTS OF THE PARTIES .
THE RELATIONSHIP BETWEEN THE INSURANCE COVER PROVIDED UNDER THE STAFF REGULATIONS AND THE CLAIM FOR ADDITIONAL COMPENSATION BASED ON GENERAL LAW
10 THE FIRST MATTER WHICH MUST BE CONSIDERED IS WHETHER THE ACCIDENT INSURANCE PROVIDED FOR IN ARTICLE 73 OF THE STAFF REGULATIONS AND THE INSURANCE RULES CONSTITUTES AN EXHAUSTIVE COMPENSATION SCHEME WHICH , IN THE EVENT OF AN ACCIDENT AT WORK , HAS THE EFFECT , AS THE COMMISSION MAINTAINS , OF PREVENTING ANY OTHER CLAIM FOR DAMAGES BASED ON GENERAL LAW .
11 THE INSURANCE COVER IN QUESTION IS BASED ON A GENERAL CONTRIBUTORY SCHEME OF INSURANCE AGAINST RISKS OF ACCIDENT DURING OR OUTSIDE WORKING HOURS . ENTITLEMENT TO BENEFIT DOES NOT DEPEND ON WHO CAUSED THE ACCIDENT OR ON WHETHER THAT PERSON IS LIABLE . BENEFITS TAKE THE FORM OF A LUMP SUM , CALCULATED ACCORDING TO THE DEGREE OF INVALIDITY AND THE OFFICIAL ' S BASIC SALARY . THE INSURANCE RULES CONTAIN PROVISIONS ON PROCEEDINGS AGAINST A THIRD PART RESPONSIBLE FOR THE ACCIDENT . THEY PROVIDE THAT THE OFFICIAL IS TO SUBROGATE THE COMMUNITIES TO HIS RIGHTS AND PROCEEDINGS AGAINST SUCH A THIRD PARTY BUT GIVE THE OFFICIAL A PRIOR CLAIM TO THE SUMS WHICH MAY NEED TO BE ADDED TO THE BENEFITS PAID BY THE COMMUNITIES IN ORDER TO ENSURE , WHERE NECESSARY , THAT HE OBTAINS FULL COMPENSATION FOR THE DAMAGE SUFFERED BY HIM . ON THE OTHER HAND , THE INSURANCE RULES CONTAIN NO PROVISION REGARDING ADDITIONAL CLAIMS AGAINST THE INSTITUTION .
12 THE FACT THAT THE OFFICIAL HAS A PRIOR CLAIM WHEN A THIRD PARTY IS RESPONSIBLE FOR THE ACCIDENT DEMONSTRATES THAT THE BENEFITS PAYABLE UNDER THE SCHEME ARE NOT TO BE REGARDED AS PROVIDING FULL COMPENSATION IN ALL CASES . THAT IS CLEAR , MOREOVER , FROM THE NATURE OF THE BENEFITS WHICH TAKE THE FORM OF A LUMP SUM CALCULATED BY REFERENCE INTER ALIA TO THE OFFICIAL ' S SALARY . THAT METHOD OF CALCULATION IS MANIFESTLY UNSUITABLE WHERE THE INJURY IS UNRELATED TO THE VICTIM ' S PROFESSIONAL LIFE .
13 IN THOSE CIRCUMSTANCES AND IN THE ABSENCE OF ANY EXPRESS PROVISION IN THE INSURANCE RULES , NO ARGUMENT MAY BE DERIVED FROM THOSE RULES FOR THE PURPOSE OF DENYING TO THE OFFICIAL AND THE MEMBERS OF HIS FAMILY THE RIGHT TO SEEK ADDITIONAL COMPENSATION WHERE THE INSTITUTION IS RESPONSIBLE FOR THE ACCIDENT ACCORDING TO GENERAL LAW AND THE BENEFITS PAYABLE UNDER