I am of the opinion that in this case, more weight should be given to the deterrence consideration, in view of society's increased interest in combating the phenomenon of violence, and its use as a means of resolving disputes and disagreements between people, all the more so when it comes to violence by police officers who are supposed to be at the forefront of the struggle against this phenomenon.
In addition, it is necessary to take into account the provision of section 7A of the Prohibition of Defamation Law, according to which the court can award compensation without proof of damage in the amount of up to ILS 50,000.
In the circumstances of the case, taking into account all of the matters cited above, including the compensation paid in the framework of the disciplinary proceeding, I am of the opinion that it is reasonable to award the plaintiff compensation for non-pecuniary damage, including for defamation, in the sum of ILS 50,000. This amount includes interest and linkage from the date of the accident until today.
Pecuniary compensation
- The plaintiff is petitioning for compensation for loss of wages in the sum of ILS 6,000 and additional compensation for helping others, medical expenses and travel.
- As stated, the plaintiff did not prove that he suffered a disability as a result of the accident. The plaintiff submitted sick certificates that included several sick days.
In the circumstances of the case, taking into account the nature of the plaintiff's injury and the treatments he required, I am of the opinion that it is reasonable to award him for pecuniary damages, including: loss of wages, assistance to others and expenses, a global sum of ILS 5,000.
Conclusion
- I order the defendants, jointly and severally, to pay the plaintiff the sum of ILS 55,000, together with legal expenses and attorney's fees at the rate of 23.6%. This amount will be paid within 30 days from today, otherwise it will bear interest and linkage differentials from today until the actual payment date.
Given today, 29 Nissan 5774, April 29, 2014, in the absence of the parties.