Aggravated damages not to be reduced even if permanent injury compensation has been awarded

Following a separate hearing of the civil claims after the defendant being sentenced to six years and nine months of imprisonment for attempted homicide by knife, the Court of Appeal awarded the aggrieved party permanent injury compensation under section 3-2 of the Compensatory Damages Act, and aggravated damages under section 3-5. The Court of Appeal slightly reduced the aggravated damages, on the basis that there was a partial overlap between the two compensation items. The Supreme Court found, in contrast to the Court of Appeal, that the two types of compensation should be treated independently. Neither the wording of the law, the purpose of the provisions, the preparatory works, or policy considerations suggested coordination. The two forms of compensation also aimed to compensate for different forms of non-economic harm. In accordance with the parties’ agreement, the aggravated damages were set at NOK 325,000.

Read the whole judgment (Norwegian only) (PDF)

Area of law: Tort law

Key paragraphs: 17, 34–38, 42

Justices: Normann, Noer, Bull, Østensen Berglund, Stenvik