Compensation standard for relocation of Xinmi coal mine

Plaintiff Sun Ruiju, female, 45 years old. Authorized Agent: Zhao, male, born on March 1969. Defendant: xinmi city Jin Hui Coal Co., Ltd., whose domicile is Qingshihe Village, xinmi city West Street Office. Legal Representative: Chen Liuying, manager of this company. Defendant Wang Donghui, male, 3 1 year old. Defendant Wei Zhigang, male, born on1October 7th, 1972+065438. The defendant, Xinmi Branch of China People's Property Insurance Co., Ltd., is located at No.8 Beimixin Road, xinmi city. The legal representative is Chen Jianmin, general manager of the company. Authorized Agent: Lv Guoling, lawyer of Henan Qian Wen Law Firm. Sun Ruiju, the plaintiff, v. xinmi city Jinhui Coal Industry Co., Ltd., Wang Donghui and Xinmi Branch of China People's Property Insurance Co., Ltd. After accepting the case, our hospital formed a collegial panel according to law and held a public hearing. The plaintiff Sun Ruiju, xinmi city Jinhui Coal Industry Co., Ltd., Zhao, the entrusted agent of * *, and the agent of Xinmi Branch of China People's Property Insurance Co., Ltd. and Lv Guoling attended the proceedings. The case has now been closed. Sun Ruiju, the plaintiff, claimed that on June 8, 2009, defendants Wang Donghui and Sun Ruiju rode electric cars in Zhongyuan Road and West Fourth Ring Road in Zhengzhou City, causing injuries to the plaintiff. The accident was confirmed by the Second Brigade of the Traffic Police Detachment of Zhengzhou Public Security Bureau: the defendant Wang Donghui was fully responsible for the accident, and the plaintiff was not responsible. The plaintiff was sent to China People's Liberation ArmyNo. 153 Central Hospital for treatment. After the plaintiff was discharged from the hospital, the two parties failed to reach an agreement on compensation, so they filed a lawsuit with the court, requesting the court to order the defendant to compensate the plaintiff for lost time 10530 yuan, nursing expenses of 5,025 yuan, hospital food subsidy of 20 10 yuan, nutrition expenses of 670 yuan, disability compensation of 26,426 yuan, transportation expenses of 500 yuan, spiritual comfort of 30,000 yuan and electric vehicle defendant xinmi city Jin Hui Coal Co., Ltd. argued that. Defendant Wang Donghui thought that the plaintiff's claim for compensation was too high. The defendant Xinmi Branch of China People's Property Insurance Co., Ltd. argued that the defendant had no objection to the accident and the division of responsibilities, and the accident vehicle had no objection to the compulsory insurance of the defendant's insurance company. The defendant's insurance company paid compensation according to law within the agreed scope and project standards of compulsory insurance, subject to the cross-examination opinions. It was found through trial that on June 8, 2009, defendant Wang Donghui had a traffic accident with plaintiff Sun Ruiju riding an electric car at the intersection of Zhongyuan West Road and West Fourth Ring Road in Zhengzhou City, causing plaintiff Sun Ruiju to be injured. The accident was confirmed by the accident certificate of the Second Brigade of the Traffic Police Detachment of Zhengzhou Public Security Bureau: the defendant Wang Donghui was fully responsible for the accident, and the plaintiff Sun Ruiju was not responsible. The plaintiff was injured and sent to China People's Liberation ArmyNo. 153 Central Hospital for treatment. After diagnosis, the plaintiff's injury was: 1, with open injury to his right foot; 2, the right foot skin degloving injury. The plaintiff was hospitalized for 67 days, and the discharge instruction was: regular review, and it is not appropriate to return to the clinic. In response to the claim, the plaintiff provided: 1 and three copies of the salary table issued by Henan Zhongke Engineering Technology Co., Ltd., which proved that the plaintiff's average monthly salary was 3 127 yuan. 2. A copy of the attached certificate issued by China People's Liberation ArmyNo. 153 Central Hospital. Prove that the plaintiff accompanied the two. 3.2. An appraisal certificate (Notary Injury Examination (Forensic Medicine) Zi [2009]No. 184) issued by the traffic police detachment of Zhengzhou Public Security Bureau, which proves that the plaintiff's injury constitutes a disability of 10. 4. There are 82 transport bills, the amount of which is calculated in 500 yuan. Defendant xinmi city Jinhui Coal Industry Co., Ltd. provided 8 advance payment vouchers issued byNo. 153 Central Hospital of China People's Liberation Army, which proved that the defendant had paid 13000 yuan for the plaintiff, and the plaintiff had no objection to this. It was also found out that the defendant was the driver of xinmi city Jinhui Coal Industry Co., Ltd., and the accident vehicle Yu AA2282 had compulsory motor vehicle traffic accident liability insurance in Xinmi Branch of China People's Property Insurance Co., Ltd., and our court believed that the second brigade of the traffic patrol detachment of Zhengzhou Public Security Bureau had clearly identified the responsibility for this accident and correctly divided the responsibilities, which should be accepted. Defendant Wang Donghui failed to ensure the safety when driving a motor vehicle, and the plaintiff was injured in a traffic accident, so he should bear all the compensation responsibilities. As the defendant Wang Donghui was the driver of the defendant xinmi city Jinhui Coal Industry Co., Ltd., and a traffic accident occurred during the performance of his duties, the defendant xinmi city Jinhui Coal Industry Co., Ltd. should bear civil liability for compensation. Because the accident vehicle, AA2282 heavy dump truck, was insured with compulsory motor vehicle traffic accident liability insurance in Xinmi Branch of China People's Property Insurance Co., Ltd., and the accident occurred during the insurance period, according to the provisions of Article 76 of the Road Traffic Safety Law of the People's Republic of China, Xinmi Branch of China People's Property Insurance Co., Ltd. shall be liable for the damages suffered by the plaintiff within the compulsory insurance limit. As for the lost time fee, our hospital will not accept it because the payroll provided by the plaintiff is not stamped with the special financial seal. According to the standard of Zhengzhou employees of 26,476 yuan/year, the plaintiff's lost time fee is 7,253.7 yuan, calculated as 100 days. As for the nursing expenses, according to the nursing certificate provided by the plaintiff, the hospital decided to take care of two people for 67 days, which is 6326.27 yuan according to the standard of 17232 yuan/year. The plaintiff claims 5025 yuan, which our court supports. The food allowance for hospitalization is calculated according to the daily 30 yuan standard, 67 days, 20 10 yuan. The nutrition fee is calculated as 670 yuan according to the standard of 10 yuan per day. For the disability compensation, combined with the plaintiff's disability grade, it is calculated as 26,462 yuan according to the standard of 1323 1 yuan/year, and the plaintiff claims 26,426 yuan, which our court supports. The transportation fee is determined as 300 yuan. According to the plaintiff's medical record and combined with the plaintiff's injury, the compensation for mental damage is 10000 yuan at our discretion. As for the maintenance fee of electric vehicles advocated by the plaintiff, our court does not support it because the plaintiff has not provided relevant bills to prove it. The above * * * is 46,684.7 yuan, and the defendant Xinmi Branch of China People's Property Insurance Co., Ltd. should pay the plaintiff the hospital food subsidy of 20 10 yuan, the nutrition fee of 670 yuan, the lost time fee of 7,253.7 yuan, the nursing fee of 5,025 yuan, the disability compensation of 26,426 yuan, the transportation fee of 300 yuan, and the mental damages of 10 yuan. According to Articles 98, 106 and 119 of the General Principles of the Civil Law of People's Republic of China (PRC), Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, Article 76 of the Road Traffic Safety Law of the People's Republic of China and Article 64 of the Civil Procedure Law of People's Republic of China (PRC), The judgment is as follows: 1. The defendant Xinmi Branch of China People's Property Insurance Co., Ltd. shall compensate the plaintiff Sun Ruiju for the hospitalization food allowance of 20 10 yuan, the nutrition fee of 670 yuan, the lost time of 7253.7 yuan, the nursing fee of 5025 yuan, the disability compensation of 26426 yuan, the transportation fee of 300 yuan and the mental damages of1. If the defendant fails to perform the obligation to pay money within the period specified in this judgment, the defendant shall double the 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). The acceptance fee of this case is 1704 yuan, which shall be borne by the defendant xinmi city Jin Hui Coal Industry Co., Ltd. If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date when the judgment is served, and submit copies according to the number of the other parties, and appeal to the Intermediate People's Court of Zhengzhou City, Henan Province.