(-) The appellants claim that the trial court erred in not determining that the respondents are entitled only to a rate of 75% of the amount of the medical compensation that was awarded in their favor, in light of Amendment No. 43 to the Compensation Law. The respondents, on the other hand, claim that there is a procedural agreement between the parties according to which the deduction of the NII benefits will be made only in relation to respondent 3. In this regard, I have found to prefer the position of the respondents. The minutes of the hearing of July 2, 2025 read as follows: "Counsel for the parties: We agree that the payments received from the NII by [Respondent] 3 should be deducted from the medical compensation in her case to the extent that it is decided" (p. 13, lines 4-5; see also paragraph 50 of the judgment). In view of the consent of the parties, the appellants are now silenced from arguing otherwise (Civil Appeal Authority 4224/04 Beit Sasson in Appeal Taxes v. Shikun Ovdim and Investments Ltd.IsrSC 59(6) 625, 633 (2005)). Therefore, I see no reason to intervene in the rulings of the trial court.
Conclusion
- In the end, the appeal was dismissed. The appellants will bear the respondents' expenses in the sum of NIS 10,000.
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Judge Yael Willner:
I agree.
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Judge Gila Kanfi-Steinitz:
I agree.
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Therefore, it was decided, as stated in the judgment of President Yitzhak Amit.
Given today, March 8, 2026.
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