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Yangjiang Jiangcheng District People's Court
paper of civil judgment
(2007) Cheng Fa Min Yi Zi Chu No.639.
Plaintiff Shan Gangting, male, born on124, Han nationality, lives in Group 7, Xiaoji Village, Xizhai Township, Qi County, Henan Province.
Plaintiff: Li Xiaohua, female, born in June of1954/kloc-0, Han nationality, living in Group 7, Xiaoji Village, Xizhai Township, Qi County, Henan Province.
Plaintiff: Li Erxia, female, 1976, born on September 27th, Han nationality, living in Group 7, Xiaoji Village, Xizhai Township, Qi County, Henan Province.
Plaintiff Shan Jiahao, male, born on May 4th, 200 1, Han nationality, lives in Group 7, Xiaoji Village, Xizhai Township, Qi County, Henan Province.
Plaintiff Shan, female, born on April 5, 2005/KLOC-0, Han nationality, lives in Group 7, Xiaoji Village, Xizhai Township, Qi County, Henan Province.
The legal representatives of the above two plaintiffs, Shan Jiahao and Shan: Li Erxia, born in the same year, is the mother of Shan Jiahao and Shan.
Authorized Agent of the above five plaintiffs: Xu Wanxiang, lawyer of Guangdong Xunheng Law Firm.
Defendant Ye, male, born on April 9, 1975, Han nationality, lives at No.6/kloc-0, Helong Village, Fenglijia, Pingding Town, Huazhou City. He is now being held in Yangjiang Detention Center.
Defendant Wu, male,1955 65438+1October 4th, Han nationality, lives in Room 602, No.2 Shengli Third Lane, Jing 'an Town, Doumen District, Zhuhai City.
Authorized Agent: Wang Meizhi, lawyer of Guangdong Laite Law Firm.
Authorized Agent: Yue Wei, female,1982/kloc-0, born in June, Han nationality, lawyer assistant of Guangdong Laite Law Firm.
Defendant: Hua 'an Property Insurance Co., Ltd. Zhuhai Central Branch, domicile: East 5th Floor, Bank of China Building, Kyushu Avenue, Jida, Zhuhai.
Person in charge: Chen Weilong, deputy general manager of this company.
Authorized Agent: Wang Zhiwei, male, born on October 27th, 1970, Han nationality, lives in Room 503, Unit 3, Building 3, Lanpu Road, Qianshan, Xiangzhou District, Zhuhai, and is an employee of this company.
Authorized Agent: Liang, male, born on June 1966 1, Han nationality, lives in Villa 83, Jida Petrochemical East Road 123, Xiangzhou District, Zhuhai City, and is an employee of this company.
The plaintiff Shan Gangting, Li Erxia, Shan Jiahao, and the defendant Ye, Wu and Hua 'an Property Insurance Co., Ltd. sued Zhuhai Central Branch for a dispute. After accepting the case on June 8, 2007, our hospital formed a collegiate bench according to law and held a public hearing. The plaintiffs Shan Gangting, Li Erxia, Shan Jiahao and Shan's entrusted agents Xu Wanxiang, Wu's entrusted agents Ye and Wang Meizhi, and Hua 'an Property Insurance Co., Ltd.' s entrusted agents Wang Zhiwei and Liang attended the proceedings. The case has now been closed.
Plaintiffs Shan Gangting, Li Erxia, Shan Jiahao and Shan sued that at 2 1 40 on February 28, 2007, Shan Chuanxi was sleeping in the cab of the moving Henan B7 1937 truck, and when the car drove to the expressway 19KM+960M, it was driven by Ye. The accident was determined by the traffic police brigade, and it was determined that the defendant Ye in this case took full responsibility for the accident, and the victim Shan Chuanxi was the innocent party. According to the relevant laws and regulations, the plaintiff brought a lawsuit to the court. Request: 1. The defendant was ordered to compensate the five plaintiffs for death compensation of 295,399 yuan, funeral expenses 1 1552 yuan, transportation expenses, lost time and other expenses 10000 yuan, support of 76,625 yuan and spiritual comfort of 30,000 yuan * * 423,576 yuan. 2. The three defendants were ordered to bear joint and several liability for compensation.
Defendant Ye said: Wu is my boss. I just work for Wu. I think Wu should pay compensation.
Defendant Wu argued: 1. Guangdong West Coastal Expressway Operation Co., Ltd. should be added as the co-defendant in this case. According to Article 67 of the Traffic Safety Law of the People's Republic of China and Articles 46 and 78 of the Regulations for the Implementation of the Traffic Safety Law of the People's Republic of China, Guangdong CU 1243 medium-sized special operation vehicles are not allowed to drive on the expressway when towing Guangdong KN2046 bus. However, the Western Coastal Expressway Company still gave instructions to Guangdong CU 1243. The western coastal expressway company, as the expressway manager, should fulfill the obligation to manage the vehicles passing through the expressway in accordance with the provisions of the Road Traffic Safety Law of the People's Republic of China and the Regulations for the Implementation of the Traffic Safety Law of the People's Republic of China, and should refuse vehicles that do not meet the traffic conditions to enter the expressway to maintain the safety and smoothness of the expressway. However, the Western Coastal Expressway Company violated the relevant laws and regulations, knowing that vehicles that did not meet the traffic conditions were not allowed to enter the expressway, and still released them, resulting in major safety hazards in expressway traffic, which was the reason for this major traffic accident involved. Like other defendants in this case, this is the same infringer. Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates: "If two or more persons intentionally or negligently cause damage to others, but not intentionally or negligently, they shall be jointly and severally liable in accordance with the provisions of Article 130 of the General Principles of Civil Law. If two or more persons are not intentional or negligent, but several acts committed by them are indirectly combined to cause the same damage, they shall bear corresponding liability for compensation according to the size of negligence or the proportion of causal power. " Based on the above judicial interpretation, this case should be added to participate in litigation. 2. The court should investigate whether the owner of the big truck B7 1937 and the actual owner of the vehicle and the insurance company insured the vehicle have compensated the plaintiff. 3. Regarding the determination of traffic accident liability, the respondent thinks that although the Guangdong CU 1243 driven by Ye is mainly responsible for this traffic accident, the Yu B7 1937 freight car with the approved loading quality by Xue driving without a license is also responsible for the expansion of the accident damage. It's unfair if Ye bears all the responsibility for the accident. 4. The specific compensation amount of the respondent shall be shared by the responsible person according to the accident liability and fault liability after the trial by the court. The plaintiff has requested death compensation, and according to Article 9 of the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort, the spiritual consolation money is not supported.
The defendant, Zhuhai Central Branch of Huaan Property Insurance Co., Ltd., argued that according to the relevant provisions of Article 8 of the Compulsory Motor Vehicle Insurance Clause and the accident certificate made by the traffic police, according to the insurance contract signed by our company, the maximum death compensation was 50,000 yuan, the medical compensation was 8,000 yuan, and the maximum property loss insurance was 5,000 yuan. The third party insurance belongs to commercial insurance, and the plaintiff is not a party to commercial insurance, so the plaintiff cannot directly claim rights from the insurance company.
It was found through trial that on February 28th, 2007, the defendant Ye drove the Guangdong CU 1243 towing the Guangdong KN2046 bus from Guangzhou to Zhanjiang. At 2 1 40 on the same day, the defendant Ye ran out of control and crossed the road because of the rainy day while passing the Yangjiang section of the expressway 19KM+960KM. The towed Guangdong KN2046 bus collided with the Guangdong Q32580 bus driven by Zhao from Zhanjiang to Guangzhou. The Guangdong B7 1937 bus driven by Xue followed the Guangdong Q32580 bus, and the Guangdong CU 1243 car collided with the Guangdong Q32580 bus after scraping, resulting in the single passenger traffic of the Guangdong Q32580 bus. Guangdong Q32580 bus driver Zhao and passenger Shi Yamei were injured; Guangdong CU 1243 Bus Passenger Week, Guangdong KN2046 Bus Passenger Zhou Yahong and Guangdong Q32580 Bus Passenger 4/Kloc-0 were slightly injured, and 4 cars and expressway facilities were damaged. On March 7, 2007, the traffic police detachment of Yangjiang City Public Security Bureau made a traffic accident confirmation letter No.441705 2007A 0007 after on-site investigation, and determined that the defendant Ye was fully responsible for the accident, while four people including Xue, Xie Ruti, Lu and Shan Chuanxi and 45 injured people including Shi Yamei and Zhao were not responsible for the accident. The plaintiff provided 3 1 ticket to deal with Shan Chuanxi's funeral, claiming that the total transportation fee was 4 162 yuan. The defendant believed that the transportation expenses incurred by the plaintiff's relatives in May and July were not funeral transportation expenses, and only confirmed that the funeral transportation expenses of the plaintiff's relatives were 3,976 yuan.
It was also found out that Shan Chuanxi was born on September 22nd, 1977, not agricultural registered permanent residence, and was an employee of Qixian Real Estate Administration Bureau. Shan Gangting (born in 1954,165438+124 October) and Li Xiaohua (1954, 10, 10) are the parents of Shan Chuanxi. Shan Gangting and Li Xiaohua have two children. Li Erxia is the wife of Shan Chuanxi, and Shan Jiahao (born on May 4th, 200 1 year) and Shan Xuanxuan (born on April 5th, 20051year) are the sons of Shan Chuanxi and Li Erxia. Shan Gangting, Li Erxia, Shan Jiahao and Shan are all agricultural household registration personnel.
Defendant Ye was an employee of Defendant Wu. When the traffic accident happened, Ye was performing Wu's employment task. Guangdong CU 1243 is owned by Wu. Vehicles purchased compulsory motor vehicle traffic accident liability insurance and commercial motor vehicle insurance from Hua 'an Property Insurance Co., Ltd. Zhuhai Branch on June 9, 2007. The storage period of both insurances is June 5, 438+1October 19 to June 5, 2007. The compensation amount of motor vehicle traffic accident liability compulsory insurance is 60 thousand yuan, of which the compensation limit for death and disability is 2000 yuan. The compensation limit of third party liability insurance in motor vehicle commercial insurance is 300,000 yuan.
Defendant Wu applied to our court to add Guangdong West Coastal Expressway Operation Co., Ltd. as the co-defendant in this case. After examination and consultation with the plaintiff, our court rejected the defendant Wu's application for adding Guangdong Western Coastal Expressway Management Co., Ltd. as the co-defendant in this case.
The plaintiff claimed that Shan Gangting had no ability to work, but failed to provide the conclusion of signing the ability to work or the certificate issued by the people's hospital at or above the county level and the written certificate issued by the villagers' committee or residents' committee that he had no other source of income.
The above facts are proved by the ID card, household registration book, marriage certificate, award and salary roster provided by the plaintiff, the questionnaire on the family situation of the deceased in the road traffic accident, the traffic accident certificate, the transportation and accommodation documents, the insurance policy provided by the defendant Wu and the trial transcript of this case.
We believe that the responsibility of Kaiyang Expressway Brigade, the traffic police detachment of Yangjiang Public Security Bureau, is objective and fair. The defendant Ye bears all the responsibility for the accident, while Xue, Xie Ruti, Lu, Shan Chuanxi and 45 injured people such as Shi Yamei and Zhao do not bear the responsibility for the accident. We accept this decision. The defendant claimed that Xue's driving without a driver's license in Henan B7 1937, which exceeded the approved load, also had an unshirkable responsibility for the expansion of the accident damage. There is no factual basis, and this court will not accept it. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases and the relevant provisions of Guangdong Province's personal injury compensation calculation standard in 2006, combined with the plaintiff's claim, it is verified that the plaintiff's loss in this case is 1, and Shan Chuanxi's death compensation is 295,398.8 yuan (14769.94*20 years). Funeral expenses 16558( 1 1 year +9 months) ÷2], and the dependent's single announcement support fee is 29,352.63 yuan [3,707.7 yuan/year *( 15+10) Because Shan Gangting was under 60 years old, and failed to provide the conclusion or certificate of signing labor ability issued by the people's hospital at or above the county level and the written certificate of no other source of income issued by the villagers' committee or residents' committee, which proved that he was unable to work and had no other source of income, Shan Gangting asked the defendant to compensate him for his alimony, and our hospital refused to support him. Regarding the plaintiff's request for the defendant to pay compensation for mental damages, according to the Reply of the Supreme People's Court on whether the people's court accepts the civil lawsuit for mental damages filed by the victim of a criminal case (Fa Shi Zi [2002] 17): "... the incidental civil lawsuit filed by the victim of a criminal case who suffered mental damages due to the defendant's criminal behavior, or the victim filed a civil lawsuit for mental damages after the criminal case was concluded, the people's court will not accept it ... In this case, five plaintiffs, including Shan Gangting, filed a civil lawsuit again after the criminal proceedings ended, demanding compensation for spiritual comfort. If the civil lawsuit supports spiritual consolation money, it is actually to circumvent the provision that criminal cases do not support spiritual consolation money, which violates the criminal law. Therefore, the plaintiff asked the defendant to pay 30,000 yuan for mental damages, which was not supported by the court. The burden of proof whether the owner of the big truck B7 1937, the actual owner of the vehicle and the insurance company insured the vehicle pay the plaintiff lies with the defendant. Because the defendant failed to prove the claim, the defendant's claim was rejected by our court. Guangdong CU 1243 has purchased compulsory motor vehicle traffic accident liability insurance in Zhuhai Central Branch of Huaan Property Insurance Co., Ltd., according to Article 76 of the Road Traffic Safety Law of the People's Republic of China: "If a motor vehicle causes personal injury or property loss due to a traffic accident, the insurance company shall compensate it within the liability limit of compulsory motor vehicle third party liability insurance." Hua 'an Property Insurance Co., Ltd. Zhuhai Central Branch shall compensate the plaintiff for the loss within the death and disability compensation limit of 50,000 yuan, and the defendant Ye shall be liable for the part exceeding the liability limit. This traffic accident caused many casualties to the relatives of the plaintiff Shan Chuanxi in this case and the relatives and other personnel of the plaintiff [(2007) Cheng Fa Min Yi No.650] in another case. Confirmed by another case, the death and disability compensation of the obligee in this case totaled 334,759.05 yuan. Since the sum of the loss of the obligee in another case (death and disability items) and the loss of the plaintiff in this case (death and disability items) (362,988.33 yuan in this case+334,759.05 yuan in another case = 697,747.38 yuan in compulsory motor vehicle traffic accident liability insurance) is greater than the insurance limit of death and disability items, therefore, from the perspective of fairness, The plaintiff in this case and the obligee in another case should allocate funds in proportion within the insurance limit. The proportion of the plaintiff in this case is 362,988.33 yuan divided by 697,747.38 yuan ~ 52.022%. Therefore, Zhuhai Central Branch of Huaan Property Insurance Co., Ltd. should compensate the plaintiff for death compensation, funeral expenses, living expenses of dependents and other expenses of 50,000 yuan * 52.022% = 260 12 yuan. Defendant Ye should compensate the plaintiff for the loss that the insurance company should compensate the plaintiff, that is, 336,976.33 yuan (362,988.33 yuan-26,065,438 yuan +02 yuan). Because the defendant Ye was an employee of the defendant Wu, Ye had this traffic accident while performing Wu's employment task, and Ye had a major fault in this traffic accident. According to Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases: "If a laborer causes damage in employment activities, the employer shall bear the liability for compensation; Workers who cause damage to others due to intentional or gross negligence shall be jointly and severally liable for compensation with the employer. If the employer is jointly and severally liable for compensation, it may recover from the laborer. " Therefore, Defendant Ye and Defendant Wu shall be jointly and severally liable for the death and disability compensation limit of Huaan Property Insurance Co., Ltd. Zhuhai Central Branch of RMB 26,065,438+02, which exceeds the plaintiff's liability limit. Accordingly, according to the provisions of Article 119 of the General Principles of the Civil Law of People's Republic of China (PRC), Article 76 of the Road Traffic Safety Law of the People's Republic of China and Articles 9, 17, 27, 28 and 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, the judgment is as follows:
1. Defendant Zhuhai Central Branch of Huaan Property Insurance Co., Ltd. shall compensate plaintiffs Shan Gangting, Li Erxia, Shan Jiahao and Shan Economic Loss 260 12 yuan within 10 days from the date when this judgment comes into force.
Two. The defendants Ye and Wu Yu jointly compensated the plaintiffs Shan Gangting, Li Erxia, Shan Jiahao and Shan for economic losses of 336,976.33 yuan within 10 days from the date when this judgment became legally effective.
Three. Reject other claims of plaintiffs Shan Gangting, Li Erxia, Shan Jiahao and Shan.
The acceptance fee of this case is ***7955 yuan (the plaintiff has paid 5955 yuan in advance), which shall be borne by the plaintiff 1500 yuan; 550 yuan shall be borne by Zhuhai Central Branch of Huaan Property Insurance Co., Ltd., and 5905 yuan shall be borne by Ye and Wu.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties to appeal to Yangjiang Intermediate People's Court.
Presiding judge Feng
Judge Chen
Judge Zeng Jiantong
October 22nd, 2007