The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Application of the Principle of Proportionality of Bone Injuries and the Amount of Compensation, from the determination of compensation by the Expert to Comparison and Judgment by the Judge

Authors
mohammad hosein shaker 1
ardovan arzhang 1
abbas kalantary 1
hamid sadighi akha 2
1 Ayatollah Haira National University
2 General Directorate of Forensic Medicine
Abstract
The lawmaker has determined the amount of compensation for bone injuries in accordance with the type of the injuries, however, the degree of those injuries in terms of seriousness has not been determined. As determining the injuries is an expert job it is to be done by experts as per Article 139, civil procedure code and here no role other than issuing judgment based on the opinion of the expert is defined for the judge. Categorizing the degree of injuries from severe to minor together with the Principle of proportionality of the degree of an injury and the amount of compensation can be useful as a criterion for judges to examine the opinions of experts of forensic medicine as a judicial precedent now as well as future legislative reforms. Formulating the mentioned principle for the determination of compensation or determination of diyah for body parts with no specified diyah will be useful as an objective criterion. After studying and analyzing books and documents, we came to the conclusion that bone injuries in order of seriousness are: an avulsion fracture, comminuted fracture, simple fracture, hairline fracture, dislocation, and bone-clearing wound. This order must be taken into consideration on one hand by the experts of forensic medicine at the level of determining the degree of an injury and also determining the compensation proportionated to the specified diyah for mentioned injuries and on the other hand by judges at the level of comparing the opinion of experts with the provided principle.
 
Keywords
Bone Injuries
Recompense
Proportionality of the Degree of an injury
Compensation
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