Defendant 1: Zou Moujian, male.
Defendant 2: Liang, head of Wenzhou Central Branch of China X Property Insurance Co., Ltd., general manager.
According to the original report, at about 20: 30 on August 6, 201/kloc-0, the defendant Zou Moujian failed to drive safely according to the operating rules, and collided with the plaintiff (pedestrian) Zhao Mouyun, causing the plaintiff to be injured. Afterwards, Xixiang Squadron of Bao X Brigade of Shenzhen Public Security Traffic Police Bureau made a road traffic accident identification according to law, and found that the defendant Zou Moujian and the plaintiff were equally responsible for the accident. In addition, the driver's c 7x 3 a small private car was insured with compulsory insurance in Wenzhou Central Branch of China X Property Insurance Co., Ltd., and the compulsory insurance contract was within the validity period. After the accident, the plaintiff was sent to Shenzhen Heng X Hospital for hospitalization. Plaintiff * * * was hospitalized for 26 days, and * * * spent 43,249.26 yuan on medical expenses. The discharge diagnosis was: 1, severe craniocerebral injury; 2, contusion and laceration of both lungs 3, a small amount of hemopneumothorax on both sides; 4. The right second anterior rib is broken, the left fourth anterior soft rib is broken, and the left fifth anterior rib is broken; 5, tooth (upper right) missing 6, multiple soft tissue contusions all over the body; 7. Acute gastric dilatation; 8, fungal enteritis. After judicial appraisal, the plaintiff's injury constitutes a level 9 or level 10 disability. The plaintiff believes that the defendant Zou Moujian's infringement has caused great harm to the plaintiff's body and should be compensated. Wenzhou Central Branch of China X Property Insurance Co., Ltd. shall be liable for compensation within the compulsory insurance liability limit. Now, in order to protect their legitimate rights and interests, the plaintiff has appealed to your hospital, requesting: 1, and ordered the defendant Zou Moujian to compensate the plaintiff for disability compensation, lost time, mental damage compensation and nursing expenses. 2. Order the defendant X United Insurance Company to bear the liability for compensation within the compensation limit of compulsory insurance; 3. The legal costs of this case shall be borne by the defendant Zou Moujian and the defendant Zhong× United Insurance Company.
Defendants Zou Moujian and China X United Insurance Company argued that the medical expenses were paid by the owner Zou Moujian, and they were equally responsible for the accident, so the plaintiff should bear 40% of the medical expenses paid by the insurance company, hoping to deduct them. The plaintiff is a rural hukou, but claims that the disability compensation is calculated according to the urban standard. We think it should be calculated according to his household registration. Regarding compensation for mental damage, both parties to the accident bear equal responsibility. According to the Supreme People's Court's judicial interpretation of compensation for mental damage, if the parties are at fault, they should share the compensation for mental damage in proportion to the fault, so we think that the amount of compensation for mental damage demanded by the plaintiff is too high. As for the lost time fee, due to the contradiction in the work income certificate provided by the plaintiff, we believe that the standard for calculating the lost time fee should be calculated according to the minimum wage standard in Shenzhen, and should be calculated to the day before the disability. Judging from the medical records, there is no need to strengthen nutrition or take care of personnel, so the nutrition fee and nursing fee advocated by the plaintiff are unfounded. During the treatment, the plaintiff also included bloating and fungal enteritis, which had nothing to do with the accident in this case, so the expenses for treating these two items should be deducted. Because of the equal responsibility for the accident, the plaintiff did not share the responsibility according to the proportion of the accident when suing, and requested the court to make a ruling according to law. The litigation costs are not covered by the insurance company's compensation.
After trial, it was found that the road traffic accident identification book number. F20XX7 17 (summary procedure) issued by Bao X Brigade of Shenzhen Public Security Traffic Police Detachment states that the brief case is: 20 1 1. At about 20: 30 on August 6th, Zou Moujian was driving a Zhejiang C7XX3A sedan at the section of X Industrial Zone, east of Baoan Avenue, Baoan District. Because he did not drive safely according to the operation specifications, the right front of the sedan collided with a pedestrian Zhao. Accident identification: Zou Moujian and Zhao Mouyun are equally responsible for the accident.
Another investigation: 1. Defendant Zou Moujian is the driver and owner of Zhejiang C7XX3A car; 2. Zhejiang c 7x 3 a car was insured by the defendant China X United Insurance Company; 3. The medical expenses of the plaintiff during hospitalization were paid by the defendant Zou Moujian; 4. The plaintiff was hospitalized in Shenzhen Hengxi Hospital for 25 days from August 6th, 20 1 year to August 30th, 201year. During the hospitalization, she accompanied two people and was discharged for 3 months according to the doctor's advice. 5. The plaintiff is a rural household registration, and he provided evidence such as residence permit, detailed list of bank transactions, labor contract and payroll. To prove that he had lived in Shenzhen for one year before the accident and had a fixed income; 6, 20 1 1 year 1 1 year was appraised by Guangdong South X Judicial Appraisal Institute, and the plaintiff's disability grade was Grade I and Grade IX, Grade I and Grade X. The cost of follow-up treatment of medical beauty is about 6000 yuan, and the cost of repairing each tooth is about 2000 400 yuan, which is replaced every 8- 10 years. 7. After discharge, the plaintiff spent 334 yuan on follow-up photo CT.
The above facts are confirmed by traffic accident certificate, compulsory insurance policy, driver's license, driving license, medical record, discharge summary, medical bills, appraisal opinions, appraisal fee invoices, traffic bills, residence permits, payroll, bank list, labor contracts, court records and other evidence.
We don't think there is a road traffic accident certificate. F20XX7 17 issued by Bao X Brigade of Shenzhen Public Security Traffic Police Detachment holds Zou Moujian and Zhao Mouyun equally responsible for this accident. According to the relevant evidence and the facts ascertained by our hospital, it can be concluded that Bao X Brigade of Shenzhen Public Security Traffic Police Detachment correctly identified the responsibility for this accident and the applicable laws and regulations were correct, which was adopted by our hospital.
As for the disability compensation, the plaintiff is an agricultural family account, and provided evidence such as residence permit, detailed list of bank transactions, salary table, etc. to prove that she had lived in Shenzhen continuously for one year and had a fixed income before the accident, which was accepted by our hospital. The original disability compensation is calculated according to the urban standard.
Regarding the lost time, according to the salary table provided by the plaintiff, the average monthly salary of the plaintiff in the year before the accident was 1496 yuan, which was lower than the minimum wage standard in Shenzhen. Therefore, the lost time fee advocated by our hospital is calculated according to the Shenzhen minimum wage standard, 1500 yuan/month, and the lost time fee is 95 days until the day before the disability.
Based on the comprehensive case, our court determined that the plaintiff's loss caused by this road traffic accident was: 1, and the medical expenses were 334 yuan; 2. The follow-up treatment fee is 6000+9600 = 15600 yuan; 3. Food allowance 50 yuan× 25 =1,250 yuan; 4. Nursing expenses 50 yuan × 2× 25 = 2,500 yuan; 5. Appraisal fee is 3,050 yuan; 6. Disability compensation 135999 yuan; 7. Spiritual consolation money 2 1 1,000 yuan; 8. Nutrition fee is 2 100 yuan; 9. Lost time: 1, 500÷30×95 = 4750 yuan. The above total 186583 yuan.
Because the car of Zhejiang C7XX3A was purchased from the defendant X United Insurance Company, the defendant X United Insurance Company should compensate the plaintiff 10000 yuan within the compensation limit of motor vehicle traffic accident liability compulsory insurance, and compensate the plaintiff 1 12000 yuan within the compensation limit of death, disability and property loss.
According to the accident, Zou Moujian and Zhao Mouyun bear the same responsibility for the accident. The loss beyond the compulsory insurance compensation shall be borne by the responsible party in proportion, so it shall be borne by the defendant Zou Moujian (186583-122000) × 60% = 38749.8 yuan. The plaintiff Zhao Mouyun's total compensation for this accident is122000+38749.8 =160749.8 yuan.
The plaintiff's application that is inconsistent with the above judgment lacks factual and legal basis, and our court will not support it.
To sum up, in accordance with the provisions of Paragraph 1 of Article 64 of the Civil Procedure 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 17, 18, 19, 20, 21, 22, 23, 24 and 24 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,
1. Confirmed that the plaintiff Zhao Mouyun's total road traffic accident compensation for this case was RMB 160749.8 yuan;
2. The defendant China X Property Insurance Co., Ltd. Wenzhou Central Branch shall, within ten days from the effective date of this judgment, compensate the plaintiff for death, disability and property loss within the compensation limit of compulsory motor vehicle traffic accident liability insurance 1 12000 yuan;
3. The defendant Zou Moujian shall, within ten days from the effective date of this judgment, compensate the plaintiff for the part exceeding the compensation limit of compulsory insurance for motor vehicle traffic accident liability, which is 38,749.8 yuan;
4. Reject the plaintiff's other claims.
The acceptance fee of this case is 2 123 yuan, which shall be borne by the plaintiff, 3 1 3 yuan shall be borne by Wenzhou Central Branch of China X-He Property Insurance Co., Ltd., and 4 17 yuan shall be borne by Zou.
If the defendant fails to perform the obligation to pay money within the period specified in this judgment, he shall pay double interest on the debt during the delayed performance in accordance with the provisions of Article 229 of the Civil Procedure Law of People's Republic of China (PRC).