In Civil Case (Jerusalem Peace) 19962/99 Najami v. State of Israel [published in Nevo] (May 4, 2005), the court awarded compensation for non-pecuniary damage in the sum of ILS 60,000 as of the date of the judgment. This amount is estimated to be approximately ILS 92,000.
In Civil Case (Jerusalem Peace) 8090/01 Safadi v. State of Israel [published in Nevo] (August 27, 2007), the court awarded compensation for non-pecuniary damage in the amount of ILS 40,000 as of the date of the judgment. This sum from Shroch to date amounts to a total of about ILS 53,000.
- In the circumstances of the case, I do not see any reason to award punitive damages against the defendant, in light of the ruling that punitive damages will be awarded in very exceptional cases of particularly severe and malicious conduct that includes a severe violation of constitutional rights. Compare: Civil Appeal 140/00 Estate of the late Ettinger et al. The Company for the Reconstruction and Development of the Jewish Quarter in the Old City of Jerusalem in Tax Appeal et al. PD 58(4), 4868; Civil Appeal 9656/03 Estate of the late Marciano et al. v. Dr. Singer et al. [published in Nevo]; Civil Appeal 8382/04 Histadrut Medicinit Hadassah et al. v. Mizrahi [published in Nevo].
However, I am of the opinion that it should be taken into account when awarding compensation in cases such as this, that an important principle in tort law, alongside the principle of removing the damage and placing the injured party, if possible, in the situation he would have been in had it not been for the act of torts, is regarding effective deterrence: "Tort law is perceived by many as an instrument for promoting the purpose of achieving the cumulative social benefit (for a general discussion, see: Y. Gilad, "On the Limits of Effective Deterrence in Tort Law," Mishpatim 22 437 (1993)). This will be done, inter alia, by creating a legal regime that will enable the person who caused the damage by force to take his steps while internalizing the known effects of his actions." (Civil Appeal 140/00 Estate of the late Ettinger v. The Company for the Development of the Jewish Quarter in the Old City of Jerusalem, Piskei Din 58 (4), 486, pp. 515, 516).