[Abstract]Provisions of China's "road traffic safety law" and other laws prohibit motor vehicle license plate registration will be used for any other motor vehicle driving (deck running). If all the people registered vehicle license plate number will lend others use or knowingly deck, deck using motor vehicle number plate on their own and not stopped, not only in violation of the provisions of motor vehicle road traffic law, also don't comply with the safety technical standards in the road, increase Danger!, this license registration, all motor vehicle having subjective fault. In this case, if the deck used motor vehicle traffic accidents caused by the loss of others, for the civil liability of the vehicle deck party should bear, registration number plate of vehicles license plate or allow others to use their own lending license owner shall bear joint and several liability. The case for violations against the vehicle deck running, increase the costs and risks of such illegal, is of positive significance to maintain the road traffic safety and the normal vehicle management order.

[case]

The plaintiff (respondent) Zhao Chunming, Zhao Weichen, Feng Guanzhang, Hou Suyun

The defendant (appellant) Wei Deping

The defendant Yantai Fushan automobile transportation company

The defendant Lin Zedong

The defendant Wei Guanghui

The defendant Yongan property insurance Limited by Share Ltd Yantai branch

The rapid development of Shanghai Construction Engineering Co., Ltd.

The defendant Zhou Yaping

The defendant Zhu Rongming

The Peoples Insurance Company of China Shanghai branch

On November 25, 2008 at five thirty am, the defendant Lin Zedong driving deck Lu F41703 truck in the three freeway, in a car driving and accused Zhou Yaping of traveling in the same direction, the front passenger car truck touches the left rear corner, two car together down the roadbed, the bus overturned and rolled, bus passengers in Feng Yongju died on the spot. Identified by the traffic police department, mainly responsible for the truck driver Lin Zedong, the bus driver week Asia flat negative secondary responsibility, Feng Yongju is not a negative accident responsibility.

The plaintiff Zhao Chunming, Zhao Weichen, Feng Guanzhang, Hou Suyun respectively Feng Yongju of the dead husband, son, parents.

Lu F41703 plate registration truck is not the truck, the truck owners registration department of the Fushan District of Yantai City Motor Transport Company (hereinafter referred to as Fukuyama company), the actual owner accused Wei Deping, who in 2008 October from an outsider, Zhao Xuekun purchased a registration plate for Lu F41703. The cars in the Yongan property insurance Limited by Share Ltd Yantai branch (hereinafter referred to as the Yongan insurance) insurance of motor vehicle traffic accident liability compulsory insurance.

Lu F41703 license plate deck truck (the truck) actual all someone accused Wei Guanghui, Lin Zedong Wei Guanghui hired drivers.

According to the registration information of vehicle management departments, Lu F41703 plate registration truck from April 26, 2004 to July 2, 2008, has 15 times the damage and loss for the replacement of the plate and the driving permit. Among them, from April 26, 2004 to September 18, 2006, has 3 times 4 times a number plate, a driving license; from April 23, 2007 to July 2, 2008, has 8 times the replacement vehicle license and certificate of competency, the shortest interval of 5 days. In August 23, 2007 December 14, 2007 Zhao Xuekun Wei quanta application form and apply for a replacement vehicle license apply for a driving license application form of Fushan's signature. In the trial, said Wei Deping Wei quanta, on deck and deck fee charged issues informed; after the accident, Wei quanta also borrows Lu F41703 vehicle to Wei Deping's policy to deal with the accident, the policy is still in Wei Guanghui.

The accident car registration department accused Zhu Rongming of all people, but the vehicle after the transfer, the real owner of the defendant Zhou Yaping. The rapid development of Shanghai Construction Engineering Company Limited (hereinafter referred to as the Ascendas) is Zhou Yaping's employer, but the week Yaping not perform their duties. The bus in the Peoples Insurance Company of China Shanghai branch (hereinafter referred to as the people's Insurance Company) the insured motor vehicle traffic accident liability compulsory insurance.

Zhao Chunming four original tell says: (1) the defendant Lin Zedong is primarily responsible for the driver, the defendant Lin Zedong Wei quanta employers, and practice the truck owner, so two people to deal with the death of Feng Yongju bear the responsibility for compensation. (2) the defendant company of the truck as Fukuyama Lu F41703 plate corresponding to the registered owner of the vehicle, Wei Deping is actually apply plate corresponding to the vehicle owner, there is evidence that the company, Wei Deping Fukuyama will Lu F41703 license plate to the freight deck to use, in violation of the provisions of the relevant laws, traffic has fault, it can deal with Feng Yongju death shall bear the responsibility for compensation; liability insurance insurance of Yongan Lu F41703 license plate vehicle, also deal with the accident insurance. (3) by Feng Yongju Zhou Yaping in the actual and driving a small passenger car, Zhou Yaping bear Secondary Liability in the traffic accidents, the death of Feng Yongju bear the corresponding responsibility; the defendant Zhu Rongming Department of the passenger car registration of all people, the development company of Zhou Ya Ping employer, liability insurance the insurance company. The bus, so the three defendant should bear corresponding responsibility in the death of Feng Yongju. To sum up, four of the original nine defendants jointly to ask Feng Yongju death compensation for funeral expenses, death compensation, was dependent for living expenses, the cost of transportation, accommodation, lost wages, body park fee, mental damages, attorney fees and other losses totaling 727214 yuan.

The defendant Wei Deping argues, the truck is not its actual all Lu F41703 truck, the Lu F41703 number be accident truck deck using the knowledge, so the accident should not bear the responsibility.

The defendant company argued that the truck Fukuyama, is not registered in the name of Lu F41703 truck, the Lu F41703 number be accident truck deck using the knowledge, so the accident should not bear the responsibility.

The defendant argued that Yongan insurance, accident car is not its underwriting Lu F41703 truck, it should not bear the insurance liability.

The defendant company argued that the accident occurred when the takeoff, Zhou Yaping is not performing take-off position, so the development company shall not bear responsibility for the accident.

The defendant Zhu Rongming argues, it is only the first registered owners of small passenger car, after the car changed hands several times, although registration is not changed, but it has lost control of the bus, so it should not bear the responsibility.

The defendant argued that the insurance company, the victim Feng Yongju Department of the insurance company's small bus passengers, not third, so in accordance with the law, the company shall assume no liability insurance.

The defendant Wei Guanghui, Lin Zedong, Zhou Yaping is on the plaintiff the amount of loss, liability share opinions.

[trial]

Shanghai Baoshan District people's Court of first instance that, according to the case of traffic accident, the main responsibility of the truck driver Lin Zedong negative accident, while the guardian quanta practice accident truck owner, and Lin Zedong's employer, so Wei quanta and Lin Zedong should be in the case of accident loss and bear the main responsibility for compensation. Yongan insurance underwriting Lu F41703 truck is not actually hit the truck, also do not know Lu F41703 license plate is the freight deck, so Yongan insurance on the accident does not assume liability to pay compensation.

According to the accident responsibility identification, the dead Feng Yongju ride the small bus driver Zhou Yaping negative secondary responsibility for the accident, actually all week Yaping and the bus, so Zhou Yaping's response to the case of accident loss bear secondary liability. Although Zhu Rongming is the registered owner of the bus, but the bus after several transfers, Zhu Rongming doesn't control the car, not from the vehicle operation benefit, so he to the accident does not undertake the responsibility. Although Zhou Yaping was hired to take off, but the accident Zhou Yaping was not in the soaring, perform their duties, the development company in this case does not assume responsibility. As for underwriting the minibus PICC, because Feng Yongju is the vehicle, not applicable to motor vehicle traffic accident liability compulsory insurance in accordance with the law, people's insurance company assumes no responsibility for the case.

Although in this case the truck mainly responsible party responsible person Wei Guanghui, Lin Zedong deal with the accident loss, coach Zhou Yaping deal with the accident loss party responsibility bear secondary liability, but according to the Supreme People's court "interpretation" of the provisions in the first paragraph the law applicable to a number of problems in the trial of personal injury compensation case third, "more than two people together the damage caused by the intentional or negligent, or have no common intent, joint negligence, but the infringement occurred directly with the same damage consequences, constitute the common infringement, should be in accordance with the general principles of the civil law the provisions of article 130th shall bear joint and several liability", so Lin Zedong, Zhou Yaping, Wei quanta with the family of Feng Yongju is the four plaintiffs loss mutual bear joint and several liability.

The existing evidence, Lu F41703 license plate the actual registration truck all the registered owner Wei Deping and Xi Mingzhi Fukuyama company Wei Guanghui et al to his plate without intervention, and provide convenient, indulge deck trucks on the road. The two defendant violates the relevant provisions on traffic management law, and has a causal relationship and the occurrence of the accident, share liability so that the two defendants should guard quanta party should bear jointly and severally liable.

To sum up, and to carry on the calculation of loss, the court of first instance verdict, the defendant Wei Guanghui, Lin Zedong: a compensation of four plaintiffs of the loss of 396863 yuan; two, the defendant Zhou Yaping compensation four plaintiffs of the loss of 170084 yuan; three, the defendant, Wei Deping Fukuyama, indemnity obligations to the text of the judgment of the first item shall bear joint and several liability; the defendant Wei Guanghui, Lin Zedong, Zhou Yaping on the main judgment first, two indemnity obligations are jointly and severally liable.

The Wei Deping verdict of the first trial, appeal. Shanghai second intermediate people's Court of second instance verdict: rejecting the appeal, upheld the.

[comments]

In this case, the defendant Wei Guanghui Lin Zedong, Zhou Yaping's liability judgment in accordance with the legal provisions and judicial scale, not the issue. But in this case the biggest bright spot and the focus of controversy in the truck, the applied Lu F41703 license plate registration actual truck registered owner Fukuyama company, owner Wei Deping to the accident responsibility?

First, from the case of view, Lu F41703 plate registration trucks in four years more than 15 times successively by the application for replacement of the plate and the driving permit, and has two times in a few days respectively for replacement of the plate and the driving permit, the shortest time interval of only 5 days. It can be launched even Fukuyama said on deck, matters did not know, this also should cause the Fushan, alert, the management should be strengthened to prevent others from using the license plate to seek illegal interests. But Fukuyama company registered in the name of Lu F41703 license plate is not necessary attention and management duty, moreover, there are two apply for a driving license materials and Fushan company stamp. But Lu F41703 license plate the actual registration truck owner Wei Deping the license plate truck policy to Wei quanta has been preserved, because the policy system with the car for personal use, according to common sense, the policy should not also can not be long-term in Wei Guanghui. So the guard, argues that its on deck on unwitting, also difficult to accept the court. Therefore, Fukuyama and Wei Deping to Lu F41703 license plate is the freight deck use should be informed, and laissez faire use, existence fault.

China practices a registration system for motor vehicles, issue a motor vehicle plate is an important method for motor vehicle management. In the license plate of motor vehicle application and regular inspection, only after the motor vehicle inspection in accordance with the national technical standards for safety can be issued license plate. "The people's Republic of China Road Traffic Safety Law" sixteenth stipulates: "any unit or individual shall have the following acts:...... (four) the use of other motor vehicle registration certificate, license, driving permit, inspection certificate, insurance mark." Behavior is forbidden to others the provisions of motor vehicle plate, also means the request number plate of vehicles holder shall properly management on the license, shall not lend or allow others to use their own vehicle license plate. Get license plate of motor vehicle owners if the number plate to borrow to other motor vehicles, or ought to have known of the motor vehicle license plate of motor vehicle use others their own and do not pay attention to and stop, not only violated the national motor vehicle registration management regulations, and encourages does not comply with the safety technical standards for motor vehicles on the road through the deck, increased Danger. On the other set of motor vehicle accidents loss, or allow others to use their own lending license plate number plate of the car owner or actual all people equally at fault, to lend the plate behavior and clone car accident casualties consequences causality. The number of lenders liability accident clone car for a party, it shall bear joint and several liability. The case that belongs to this kind of case, the liability for compensation, Wei Deping Fukuyama, the response to the deck using F41703 Lu plate Wei Guanghui, Lin Zedong shall bear joint and several liability.

In this case the court after the calculation, the plaintiffs include funeral expenses, mental damages, attorney fees, compensation for death, transportation costs, delay costs, accommodation, was dependent for living expenses, losses amounted to 566947.04 yuan. This loss, Wei Guanghui, Lin Zedong should take 70%, Zhou Yaping should bear 30%, but Wei Guanghui, Lin Zedong, Zhou Yaping each other for the compensation to the plaintiff share mutual negative jointly and severally liable; but Fukuyama company, Wei Deping let Wei Guanghui use based on its own vehicle number plate fault, with Wei Guanghui, Lin Zedong of the 70% share of compensation shall bear joint and several the liability for compensation. The court accordingly made the decision.

The case for violations against the vehicle deck running, by extending the scope of traffic accident civil compensation responsibility subject to increase the cost and risk of such illegal, the maintenance of the road traffic safety and the normal vehicle management order, all has the extremely positive significance.

[attach]

Authors: Xu Ziliang, deputy director of Shanghai City, the second intermediate people's court judge research room

Zhao Jun, Shanghai second intermediate people's court people a court assistant judge

Case number: (2010) Shanghai in China (people) a final word no. 1353rd

The collegial panel: Li Yihong (Chief Justice), Shen Lili, Zhao Jun (host)

Shanghai second intermediate people's court

Civil judgment

2010.Shanghai in China a(The people)With the word no.1353No.

Appellant(The defendant in the original instance)Wei Deping, male,1946Years12Month10Day of birth, the Han nationality, living men Lou Zhen Wei Fushan District, Yantai City Tuan Cun, Shandong Province210No..

Agent Jiang Niantong, male,1970Years5Month20Born in Shandong Province, Han nationality, Yantai Fushan mountain road637No..

Appellee(The plaintiff)Zhao Chunming, male,1971Years9Month20DayThe Han nationality, born, live in Yan seven Town Village eight groups of Sichuan Province Langzhong city.

Agent Xu Zhengyong, Shanghai Shentai and lawyer.

Appellee(The plaintiff)Zhao Weichen, male,1992Years12Month1DayThe Han nationality, born, live.

Legal representative Zhao Chunming, year books with.

Agent Xu Zhengyong, Shanghai Shentai and lawyer.

Appellee(The plaintiff)Feng Guanzhang, male,1947Years7Month11Day of birth, the Han nationality, Sichuan Province in Yilong town to village three groups48No..

Agent Feng Junming(Is the son of Feng Guanzhang),1976Years1Month25Day of birth, the Han nationality, Sichuan Province Nanchong city live Shunyi District Nanhu Street20No.2Building1Unit3Layer3No..

Agent Xu Zhengyong, Shanghai Shentai and lawyer.

Appellee(The plaintiff)Hou Suyun, female,1951Years8Month24Day of birth, the Han nationality, Sichuan Province in Yilong town to village three groups48No..

Agent Feng Junming(Is the son of Hou Suyun)Ibid, year book.

Agent Xu Zhengyong, Shanghai Shentai and lawyer.

The defendant in the original instance, Fushan District of Yantai City Motor Transport Company, located in Shandong province Yantai Fushan high Tuan Zhen Dong hall station.

Legal representative: Liu Yaozong, manager.

The defendant Lin Zedong, male,1960Years1Month23Day of birth, the Han nationality, lives in the Fushan Area of Shandong province Qing Street Chu Xi Liu Gong Village12No..

The defendant Wei Guanghui, male,1981Years12Month6Day of birth, the Han nationality, living men Lou Zhen Wei Fushan District, Yantai City Tuan Cun, Shandong Province366No..

The defendant Yongan property insurance Limited by Share Ltd Yantai branch, the business of Shandong province Zhifu District South Street106No..

For Song Zhanyi, the manager.

The defendant Shanghai Tengfei Construction Engineering Co., Ltd., Baoan road Shanghai City domicile333No.ADistrict80No..

Legal representative: Teng Juping, chairman of the board.

Attorney: Ji Kehua, lawyer of Shanghai sea.

The defendant Zhou Yaping, male,1969Years7Month24Day of birth, the Han nationality, domicile in Liyang province Jiangsu city don't Qiao Zhen Tuan Jie Cun Wei Street Village41Number, now living in Shanghai Baoshan District City West chicken farm.

The defendant Zhu Rongming, male,1964Years6Month9Born in Chengxiang, Han, Taicang City, Jiangsu Province town of Kangle Village83No..

Agent a single student, male,1953Years7Month16Born in Chengxiang, Han, Taicang City, Jiangsu Province town of Kangle Village85No..

The Peoples Insurance Company of China Shanghai branch, Zhongshan Road business in Shanghai City700No..

For Zhu Shouzhong, the general manager.

The appellant Wei Deping due to road traffic accident damage compensation dispute case, the Shanghai Baoshan District people's court2009.Treasure the people(The people)At the beginning of the word no.1128Civil judgment, and appealed to the hospital. The court formed a collegial panel of the trial, the case has now been finalized.

The trial court found,2008Years11Month25Day5When the30Xu, Lin Zedong driving LuF41703Deck wagon along the highway with three downlink driving to127KM+700MAt the time, with Zhou Yaping driving SuEL0604In the slow lane in front of passenger car truck traveling in the same direction, deck truck front and the suEL0604After the bus left angular contact, SuEL0604Coach roll, two car together down the roadbed, SuEL0604The rear passenger car is pressed below deck truck left middle body to passengers in the car, Feng Yongju died on the spot. The traffic accident in Shandong province Qingdao city traffic police detachment of the highway with three brigade accident, the main responsibility of negative secondary responsibility Lin Zedong accident, Zhou Yaping negative accident, Feng Yongju is not negative accident responsibility. After the accident, Yantai Fushan automobile transportation company(Hereinafter referred to as Fukuyama company)Had sent staff to the crystal to the traffic police department to deal with traffic accidents, the issue of compensation for mediation. Zhao Chunming, Feng Guanzhang, Hou Suyun, Zhao Weichen, Fu Shan, LuF41703The truck registered owner, LuF41703The truck in the Yongan property insurance Limited by Share Ltd Yantai branch(Hereinafter referred to as Yongan zone Yantai branch)Where the insured motor vehicle traffic accident liability compulsory insurance; Shanghai Tengfei Construction Engineering Company Limited(Hereinafter referred to as the development company)Zhou Yaping's employer, Zhu Rongming SuEL0604Bus registered owner, Zhou Yaping, SuEL0604The actual all bus, SuEL0604Bus in the Peoples Insurance Company of China Shanghai branch(Hereinafter referred to as the people's Insurance Shanghai branch)Where the insured motor vehicle traffic accident liability compulsory insurance. The units and individuals shall be liable for the death of Feng Jufang effect. Then on2009Years2Month to the trial court, Lin Zedong, Zhou Yaping, Fu Shan Company, Ascendas, Zhu Rongming compensation for funeral expenses of RMB(The currency of the same17353.50Yuan, death compensation472460Yuan, was dependent for living expenses141520Yuan, transportation costs19393.50Yuan, accommodation6108Element, delay costs11569Yuan, park fees2810Yuan, mental injury solatium50000Yuan, attorney fees6000Yongan Bao Yuan; Yantai branch, people's Insurance Shanghai branch bear the liability of compensation in motor vehicle traffic accident liability compulsory insurance liability limits. In the trial, the court added Wei Deping, Wei quanta to participate in the litigation as a joint defendant.

The court also found, LuF41703The actual deck truck all human health quanta, Lin Zedong Wei quanta hire drivers. LuF41703The vehicle deck of rubbing, and LuF41703The truck in the vehicle management department for the original rubbing is not consistent. LuF41703Vehicle registration name in Fushan, actually all artificial Wei De Ping, to2008Years10From an outsider purchased from Zhao Xuekun. The original registration certificate No.37002337217LuF41703The truck from2004Years4Month26Date to2008Years7Month2Date, successively15To damage and loss for the replacement of the plate and the driving permit. Among them2004Years4Month26To2006Years9Month18Day, successively4Once a license plate,3A replacement vehicle license; from2007Years4Month23To2008Years7Month2Day, successively8A replacement vehicle license and certificate of competency, the shortest interval5Day.2007Years8Month23Day Wei quanta for replacement of driving license application form and2007Years12Month14Zhao Xuekun apply for a driving license application form of Fushan's signature. SuEL0604Passenger car registered in the name Zhu Rongming, the actual owner Zhou Yaping, from boom company transfer income.

The court also find out, Feng Yongju and Zhao Chunming husband and wife; Zhao Weichen Feng Yongju, the son of Zhao Chunming; Feng Guanzhang, Hou Suyun Feng Yongju's parents. In the trial, Zhao Chunming, Feng Guanzhang, Hou Suyun, Zhao Weichen himself received Fukuyama companies pay cash after the accident5000Yuan, but Fukuyama has denied.

In the trial, said Wei Deping Wei quanta, on deck and deck fee charged issues informed; after the accident, the Wei Deping again to borrow LuF41703Vehicle insurance policy to deal with accidents, this policy still has. Wei Deping this view, the policy system to Wei Guanghui borrowed it, the knowledge on the deck.

The court trial think, Lu Wei QuantaF41703The actual owner deck truck. According to the accident, the main responsibility Lin Zedong negative accident, as the employer and the vehicle owner Wei quanta shall bear the liability of compensation to the plaintiff Zhao Chunming etc.. Lin Zedong fails to perform inspection and safe driving of motor vehicle safety and technical performance of obligation, a major fault, should bear joint and several liability and health quanta. Involved in the present case LuF41703The truck, in four years time has15Time for the plate and the driving permit, and has two times in a few days respectively for replacement of the plate and the driving permit, the replacement vehicle license for the shortest time interval only5Day, even as Fukuyama calls on deck matters did not know, this also should cause vigilance, strengthen management to prevent others to seek illegal interests. But Fukuyama company did not properly perform administrative duties, and after the accident also commissioned the unit staff to the police department to deal with the accident. Therefore, Fukuyama as LuF41703The truck linked units, with Wei Guanghui, Lin Zedong's indemnity obligations shall bear joint and several liability. Wei Deping believes the policy to Wei quanta and still in the office because of policy system, with the car for personal use, and LuF41703The truck has been in operation, according to common sense, the policy should not also cannot long under Wei Guanghui, who argued that the De Ping on deck matters not, shall not be accepted. Wei Deping, Lin Zedong, Wei quanta of compensation obligations should bear joint and several liability. About Yongan Bao Yantai branch, due to motor vehicle traffic accident liability compulsory insurance underwriting vehicle LuF41703The truck, and non accident clone car, therefore, should not assume liability to pay compensation. At the time of the accident, the Soviet UnionEL0604The bus used by Zhou Yaping, and the admission of the actual vehicle all people, so Zhou Yaping Zhao Chunming, the plaintiff should bear the responsibility for compensation. Zhu Rongming as the suEL0604Bus registered owner, can not control the vehicle operation, also did not benefit from the vehicle operation, therefore, should not assume liability to pay compensation. Zhao Chunming, the plaintiff did not provide sufficient evidence to prove that the Zhou Yaping series for take-off, perform their duties, the development company also does not assume liability to pay compensation. As for the PICC Shanghai branch, because Feng Yongju Department of the vehicle, not applicable to motor vehicle traffic accident liability compulsory insurance in accordance with the law, people's Insurance Shanghai branch does not assume liability to pay compensation. To sum up, due to the reasonable losses caused by the accident to the families of the victims, undertaken by Lin Zedong, Wei Quanta70%Liability to pay compensation, Zhou Yaping bear30%Liability to pay compensation. In addition, because of Feng Yongju's death was caused by joint tort, Lin Zedong and Zhou Yaping, Wei Guanghui, Lin Zedong, Zhou Yaping shall be jointly and severally liable. With regard to the case of compensation costs, specifically identified as follows:1Funeral expenses for17353.50Element;2Mental damage solatium for50000Element;3The lawyer fee6000Element;4Death compensation for472460Element;5The transportation fee of discretionary circumstances4000Element;6Delay costs discretionary4320Element;7Accommodation of discretionary circumstances3600Element;8Be dependent living expenses for Zhao Weichen9213.54Element. The total cost of566947.04Yuan, undertaken by Lin Zedong, Wei Quanta70%That is396863Yuan, Zhou Yaping bear30%That is170084Element. Fukuyama, Lin Zedong, Wei quanta of the obligations shall bear joint and several liability. In the trial, the plaintiff Zhao Chunming, although admission received Fukuyama companies pay cash5000Yuan, but Fukuyama company has not been confirmed, so no treatment. Accordingly, in accordance with the "general rule of the civil law" 106th paragraph second, 119th, 130th, "the people's Republic of China Road Traffic Safety Law" the first paragraph of article seventy-sixth, "the Supreme People's Court on the trial of personal injury compensation case applicable legal interpretation" of third, the first paragraph of article eighth, ninth in the first paragraph, "PRC Civil Procedure Law" the 130th regulation, decision: one, Wei Guanghui, Lin Zedong to the entry into force of this decision within ten days from the date of compensation Zhao Chunming, Feng Guanzhang, Hou Suyun, Zhao Weichen, funeral expenses, mental damage solatium, death compensation, transportation costs, delay costs, accommodation, to be dependent for living expenses and attorney's fees totalling396863Yuan; two, Zhou Yaping to the entry into force of this decision within ten days from the date of compensation Zhao Chunming, Feng Guanzhang, Hou Suyun, Zhao Weichen funeral expenses, mental damage solatium, death compensation, transportation costs, delay costs, accommodation, was dependent for living expenses and attorney's fees totalling170084Yuan; three, Fukuyama company, Wei Deping claims the obligation to the text of the judgment of the first item shall bear joint and several liability; Wei Guanghui, Lin Zedong, Zhou Yaping on the main judgment first, two indemnity obligations are jointly and severally liable; does not support four, Zhao, Chun Ming, Feng Guanzhang, Hou Suyun, Zhao Wei's other claims.

The trial after the verdict, Wei Deping refuses to appeal, the appellant said: the purchase of vehicles a year before the vehicle already apply LuF41703License plate, the people have no fault. Wei Guanghui said the appellant agreed to the deck and monthly charge3000Yuan deck fee, because as Lu Wei QuantaF41703Actually all the vehicle deck, that has a direct interest in the case, it should not be accepted. The first instance court only by LuF41703Vehicle insurance policies in the Wei Guanghui is that the appellant knew deck matters and the court shall bear joint and several liability, have no basis in fact. Request cassation rejected third, Zhao Chunming, Feng Guanzhang, Hou Suyun, Zhao Weichen on the litigation request.

The appellee, Zhao Chunming, Feng Guanzhang, Hou Suyun, Zhao Weichen argued that: after the accident, Wei Deping will LuF41703Vehicle policy to handle traffic accidents Wei quanta, as evidenced by Wei Deping in the purchase of vehicles to continue to apply the Lu Wei QuantaF41703License plate. Therefore, health, there are significant fault, it shall bear joint and several liability and Wei Guanghui. Requirements upheld.

The defendant, Zhu Rongming, Bao Tengfei company Yongan Yantai branch requirements upheld.

The defendant, Lin Zedong, Wei Guanghui, Fu Shan, Zhou Yaping, people's Insurance Shanghai branch did not appear in court opinions.

The second through investigation, legal facts of the court found no error.

This house believes that, although Wei quanta in ShandongF41703License plate first, Wei Deping buy LuF41703Truck after, but two people engaged in individual transport business in the same village, most importantly, Wei quanta holding Lu after the accidentF41703Van's policy to the public security police departments to deal with traffic accidents, the facts are enough to prove that Wei Deping for taking Lu Wei QuantaF41703License plate behavior is that. The trial court in any Wei Deping Wei Quanta's indemnity obligations shall assume joint and several liability, not improper, the court shall sustain. Wei Deping to LuF41703Freight policy why Wei Guanghui is explained, but not convincingly, the court shall not be accepted. To sum up, the Wei Wei, Quanta deck behavior without grounds, claim exemption from its appeal jointly and severally liable for compensation request, the lack of evidence, the court shall not support. In accordance with the "PRC Civil Procedure Law" article 153rd(A)The provisions of item, the decision as follows:

Dismiss the appeal, upheld the.

The second case acceptance fee of RMB7252.95Element, by the appellant Wei Deping burden.

This judgment is the final judgment.

Chief justice Li Yihong

Acting judge Shen LiLi

Acting judge Zhao Jun

Two August 5th 2010

The clerk Bian Yaohui