Supreme Court: Palestinian Authority Cannot Contest Disability Determination in Compensation Claims

The Supreme Court ruled that the Palestinian Authority cannot bring evidence to contest the disability determination of terror victims, as established by the National Insurance Institute or the court, in exemplary damages claims. The decision adopted the position of the Attorney General and rejected the Authority's appeals.

The Supreme Court ruled today (Monday) that the Palestinian Authority cannot bring evidence to contest the disability determination of terror victims, as established by the National Insurance Institute or the court, in exemplary damages claims against it. In doing so, the Supreme Court adopted the position of the Attorney General and rejected the appeals filed by the Palestinian Authority. The decision was made in two appeals concerning the Exemplary Damages Law, which took effect in June 2024 and allows terror victims with permanent disabilities to receive exemplary damages from the Palestinian Authority. One case involves a victim of a hostile act who was determined to have a mental disability by the National Insurance Institute. The other case involves family members of a murder victim in a terror attack, recognized as indirect victims. Supreme Court President Justice Yitzhak Amit, along with Justices Yael Wilner and Gila Canfy-Steinitz, accepted the Attorney General's position and ruled that the law's language is clear: once a permanent disability is determined, the victim is entitled to exemplary damages. The justices emphasized that the law aims to ensure compensation for terror victims, alongside punishing and deterring the Palestinian Authority. It was also determined that the compensation amount is uniform and not affected by the disability percentage.