Caselaw

Civil Case (N) 4843-03-20 Aviram Becker v. El Caspi Case – Supreme Court Israel Airlines Ltd. - part 56

February 13, 2026
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In view of the result that I have reached, when exemplary compensation was awarded in the face of what was required, and on the other hand, the expenses component would have been superfluous in the first place if the defendant had been contacted (and it would not have even been required in the course of the proceeding for the expenses of each and every passenger) and therefore this should not be taken into account in the framework of imposing expenses regarding the award amount, when the court fee was collected in accordance with the amount of the claim, which was approximately ILS 830,000 (a fee in the sum of about ILS 23,000, while the exemplary compensation to which she is obligated is ILS 11,600, and if it were not for the exemplary compensation, I would not have found a place for an award of expenses, (and in the circumstances of the case, if they had applied in advance for reimbursement of expenses and claimed for the balance, even if the claim had been rejected, the costs could not have been awarded due to the circumstances created by the cancellation of the flight and their claims in relation to its conduct in advance, even if the defendant is exempt from the point of view of the law, Thus, this could have been reflected in the framework of the issue of the costs of the proceeding) - I found that in the overall balance it is correct to rule in accordance with the amount of the judgment for compensation, for example, attorney's fees in the sum of ILS 5,000, and the rest of the expenses will be borne by each party.

Taking into account the great mental anguish caused to the plaintiffs, when they also actively assisted the defendant in real-time in fulfilling its duty to provide assistance services with their consent to take the trouble themselves and finance themselves at that time, when it was a holiday eve and the defendant was aware of the limited time window and the disappointment that could be caused even by an expected mishap - I hope that the defendant will act in the spirit of "and do what is right and good" and provide the plaintiffs with the same $300 for a future discount that it promised prior to filing the lawsuit.  Even proactively, and whoever wishes to make use of it, should do as he sees fit.

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