Shizong province Yunnan County People's court

The people Things Sentenced Summary The book

(2004The teacher issued Spain in the early Republican word)103No.

Plaintiff: Zhang Chonghua, male, the Han nationality,40Years old, college culture, cadres, Shizong County of Yunnan Province, Shizong County, Donghua Road36Attached4No..

Plaintiff: Liu Linfeng, male, the Han nationality,32Years old, college culture, cadres, Shizong County in Yunnan Province, Shizong County town of family life in Danfeng area.

Plaintiff: Yang Zhongming, male, the Han nationality,54Years old, college culture, cadre of county of Yunnan Province, master, lived in Danfeng town Shizong County River sub cell3No..

Plaintiff: Meng Lifeng, female, the Han nationality,38Years old, technical secondary school education, cadres, Luliang County in Yunnan Province, Shizong County People's hospital staff quarters. Department of the dead He Songzhi wife.

Plaintiff: He Mengran, male, the Han nationality,1990Years8Month25,, students, kylin District of Qujing city in Yunnan Province, address. What is the Songzhi sub.

Legal representative Meng Lifeng, where the mother of Mengran department.

The generation of bamboo letter, female, the Han nationality,1934Years12Month12Born in Yunnan Province, primary school culture, seeking Xunyang County, Qujing Jinniu area. Department of the dead He Songzhi mother.

Agent Meng Lifeng, daughter-in-law line generation bamboo letter, the sole agent.

The plaintiff Teng Jia, male, the Han nationality,1954Years10Month20Health, primary school culture, farmers, Qiubei County of Yunnan province people live, Qiu North County Ge Han Xiang Cun Wei Hui Shi Lin Cun Yi is. Department of the dead father Teng bright.

Plaintiff: Gao Huanding, female, the Han nationality,1954Years10Month10Health, illiteracy, farmers, Qiubei County of Yunnan province people live, Qiu North County Ge Han Xiang Cun Wei Hui Shi Lin Cun Yi is. Department of the dead mother of Teng bright. (default).

Agent Zhou Yanping, Gao Huanding daughter-in-law. Sole agent.

Plaintiff: Zhou Yanping, female, the Han nationality,31Years old, illiterate, farmers, Qiubei County of Yunnan province people live, Qiu North County Ge Han Xiang Yi Cun Wei Hui Shi Lin cun. Department of the dead wife Teng bright.

Agent Xu Tianyou, Danfeng town of legal services lawyers.

The plaintiff m Hui, female, the Han nationality,1997Years1Month7Born in Yunnan Province, Qiu North County, live Qiu North County Ge Han Xiang Cun Wei Hui Shi Lin Cun Yi is. Department of the first dead Teng bright.

Legal representative Zhou Yanping, the mother of Hui of Department of M.

The plaintiff Teng Diaodi, female, the Han nationality,2000Years9Month18Born in Yunnan Province, Qiu North County, address. Department of the dead Teng light and.

Legal representative Zhou Yanping, the mother of Diaodi Department teng.

Plaintiff: Teng Fangfang, female, the Han nationality,2002Years4Month5Born in Yunnan Province, Qiu North County, address. Department of the dead Teng bright three female.

Legal representative Zhou Yanping, Teng Fang Department of mother.

The plaintiff Teng Houtao, male, the Han nationality,2003Years6Month14Born in Yunnan Province, Qiu North County, address. Department of the dead mother of Teng bright.

Plaintiff: Li Deqing, male, the Han nationality,36Years old, primary school culture, the farmers of Shizong County in Yunnan Province, people live in wooden village, Danfeng County town of Shizong.

Defendant: Zhang Daojian, male, the Han nationality,32Years old, culture of junior high school, the individual driver, Anhui province Guangde County, Anhui province Guangde county live Shuang He Xiang Jing Tang Cun28No.. Because of the traffic accident in2003Years2Month21Japan was under criminal detention, the same year3Month14Was arrested Thursday, now held at the master County Detention center.

The Anhui province Guangde County, the automobile trade company.

Legal representative: Lv Xuezhong, Anhui China and China Guangde automobile trading company manager.

Attorney: Luo Yongsheng, lawyer of Anhui province. Sole agent.

Defendant: Zhao Chuanyi, male, the Han nationality,38Years, farmers in Anhui Province, Guangde County, Anhui province Guangde County Peach Zhou Zhen Jing Tang Cun Yi zu. The former Department of AnhuiP-25103Medium sized truck owner, liberation.

Defendant: Zhao Chuanfu, male, the Han nationality,50Years old, individual car transport operators, Anhui province Guangde County, Xiang Jing Tang Cun, double in Anhui County of Guangde Province in four groups. Department of AnhuiP-25103Medium sized truck owner, liberation.

The plaintiff Zhang Chonghua, Liu Linfeng, Yang Zhongming, Meng Lifeng, He Mengran, Dai bamboo letter, Teng Jia, Gao Huanding, Yan Ping, Teng Caihui, Zhou, Teng Fangfang, Teng Teng Diaodi Houtao, Li De clear defendant Zhang Daojian, Anhui County of Guangde province of China automobile trade company, Zhao Chuanyi, Liu Chuan, Fu road traffic accident damage compensation dispute case, the court, a collegial panel, in2004Years3Month30Japan to conduct a public trial, the plaintiff Zhang Chonghua agent Xu Tianyou, Liu Linfeng, Yang Zhongming, Meng Lifeng, Zhou Yanping, Li Deqing and Teng Jia, Zhou Yanping, Zhang Daojian of the accused person to take part in the proceedings, the defendant Zhao Chuanyi, Liu Chuanfu, Anhui province Guangde county civil automobile trade company legally summoned failing to appear in court. Now the trial has been closed.

The plaintiff Zhang Choulin claims:2003Years2Month20Day5When the left and right sides, I and my colleague Liu Linfeng, Yang Zhongming, He Song driving cloudsD28993Changhe minibus to return to the State Road No.324LineK2444+100MWhen driving, the defendant Zhang Daojian AnhuiP25103Medium sized truck, liberation, due to poor braking, improper operation, the car to the left turn and turn right, bay, successively with the cloudD34996The cloudD35246The cloudAG9250Four car collision accident, cause I was seriously injured (nine disabled). The police responsibility all responsibility for the accident of the defendant Zhang Daojian negative. After the accident I was loosing road Shizong County Renhe Hospital treatment, hospitalization178Day, common to the medical expenses60400.50Element. Requests the defendant Zhang Daojian, Anhui County of Guangde province of China automobile trade company, Zhao Chuanyi, Liu Chuanfu total joint compensation for their medical expenses, lost income, nursing fees, the two operation fee, disability allowance, vehicle damage, forensic identification, transportation and other costs134205.5Element.

The plaintiff Liu Linfeng claims:2003Years2Month20Day5When the left and right sides, I and my colleague Zhang Chonghua, Yang Zhongming, He Song driving cloudsD28993Changhe minibus, to return to the road324LineK2444+100MWhen driving, the defendant Zhang Daojian AnhuiP25103Medium sized truck, liberation, due to poor braking, improper operation, the car to the left turn right turn after turn, successively with the cloudD34996The cloudD28993The cloudD35246The cloudAG9250Four car collision accident, cause I suffered minor injuries. Full responsibility by the traffic police responsibility accused Zhang Daojian of negative of the accident. I after injury to master Renhe Hospital treatment21Day, common to the medical expenses6079.4Element. Requests the defendant Zhang Daojian, Anhui County of Guangde province of China automobile trade company, Zhao Chuanyi, Liu Chuanfu common compensation for their medical, nursing, forensic and other expenses8003.4Element.

The plaintiff Yang Zhongming claims:2003Years2Month20Around five pm, I and my colleague Zhang Chonghua, Liu Linfeng, He Song driving cloudsD-28993Changhe minibus, to return to the road324LineK2444+100MWhen driving, the defendant Zhang Daojian AnhuiP25103Medium sized truck, liberation, turn right turn left turn after the car to continue to glide, successively with the cloudD34996The cloudD28993The cloudD35246The cloudAG9250Four car collision accident, cause I suffered minor injuries (ten disabled). The police responsibility the defendant Zhang Daojian negative full responsibility for this accident. I after injury to master Renhe Hospital treatment115Day, common to the medical expenses27081.10Element. Requests the defendant Zhang Daojian, Anhui County of Guangde province of China automobile trade company, Zhao Chuanyi, Liu Chuanfu common compensation for their medical, nursing, nutrition, disability, forensic and other expenses72333.1Element.

The plaintiff claimed that Meng Lifeng et al:2003Years2Month20Day, the He Song family travel for business, that day afternoon sixteen when go to national highway324CountyK2444+100MWhen driving, because the accused Zhang Daojian of Heavy Truck Overload and overspeed, cause serious traffic accident, the victim He Song died on the spot. Identified by the traffic police responsibility, the defendant Zhang Daojian bear full responsibility for this accident. Requests the defendant Zhang Daojian, Anhui County of Guangde province of China automobile trade company, Zhao Chuanyi, Liu Chuanfu jointly liable for the death compensation, funeral expenses, alimony, custody fees totalling156980Element.

The plaintiff Zhou Yanping, Teng Jia et al procedure:2003Years2Month20Day, the family Teng bright driving cloudsD35246No. blue arrow bus from Qiu North to master the direction, to the National Highway324LineK2444+100MAt the time, because the defendant Zhang Daojian by driving a vehicle and other vehicles which drive vehicle was hit by relatives, their loved ones Teng bright death, major traffic accident damaged vehicles. Identified by the traffic police responsibility, the defendant Zhang Daojian negative this accident take full responsibility. Requests the defendant Zhang Daojian, Anhui County of Guangde province of China automobile trade company, Zhao Chuanyi, Liu Chuanfu jointly liable for compensation for death, Teng bright funeral expenses, alimony, custody fees totalling179152.60Element.

The plaintiff Li Deqing claims:2003Years2Month20Day, the defendant Zhang Daojian driving AnhuiP25103No. the liberation of large cargo from Kunming to Jiangsu, to324LineK2444+100MAt the rear, left flowers Jiang minivan turn right turn and I travel in the same direction collided, causing my car loss890.80Element. The police responsibility to defendant Zhang Jian bear full responsibility for this accident. My car by the insurance company confirmed loss cost890.80Element. Requests the defendant Zhang Daojian, Anhui County of Guangde province of China automobile trade company, Zhao Chuanyi, Liu Chuanfu jointly liable for the damage, assessment fees totalling970Element.

Defendant Zhang Daojian argued: accident is real, the plaintiff sues the compensation request without objection, but no ability to repay.

The Anhui province Guangde County, the automobile trade company authorized agent Luo Yongsheng said: all our company is not the car, should not assume liability to pay compensation.

Liu Chuanfu argued that the defendant:1, AnhuiP25103Car ownership is the respondent all.2Vehicle sold, paragraph shall be the respondent all.2For insured losses, should the respondent plaintiff insurance gold.4, the plaintiff litigation request should be in compliance with the law.

The defendant Zhao Chuanyi did not argue.

In the trial, the plaintiff and defendant cited the following evidence to support their claims.

Zhang Chonghua.1The book, the road traffic accidents.

2Qujing City Public Security Bureau, identification.

3Shizong County, any hospital.

4, medical fee invoice.

5Receipt fees, forensic identification.

6The human body injury, later to continue the treatment cost assessment.

7Qujing City, road traffic accident authentication conclusion Book property loss.

Liu Linfeng.1The road traffic accident responsibility person, book.

2Shizong County, any hospital.

3Medical bills, receipts, invoices.

4Qujing City Public Security Bureau, identification.

5Receipt, identification fee.

Meng Lifeng.1The book, the road traffic accidents.

2The account certificate.

3, Xiaoxiang proof of the community's neighborhood committee.

4, medical fee receipt.

5Receipt fees, ice20Zhang.

Zhou Yanping.1The book, the road traffic accidents.

2The account certificate.

3Road traffic accidents, property damage authentication conclusion book.

4Receipt fees, ice.

5, corpse fee receipt.

6, bus2002 84Document.

7Ge Han Institute of health certificate.

Li Deqing: road traffic accident authentication conclusion Book property loss.

Anhui Province, China automobile trade company:

1, legal representative certificate, the copy of the business license.

2Consumer credit contract, purchase a car.

3Contract, mortgage repayment.

4Link protocol.

5, receipts.

6Zhao Chuanyi, interrogation record.

According to the court, the court to confirm the legal fact,2002Years3Month15Zhao Chuanyi, the defendant in installments from the Anhui County of Guangde province of China automobile trading company, to buy the liberation of medium-sized freight car, license plate number of Anhui ProvinceP-25103. The registered owner of Anhui County of Guangde province of China automobile trade company, the two sides agreed in the contract by Zhao Chuanyi as outstanding mortgage to the company, in the mortgage period, Zhao Chuanyi will not sell, transfer the car.2002Years5In March, does not pay off the car without the consent of the company, the defendant Zhao Chuanyi and bring the vehicle to transfer to the defendant Liu Chuanfu, and did not handle the transfer procedures, has Liu Chuanfu written pleadings confirmed that in the volume.2003Years2Month20Day, the defendant Liu Chuanfu hired the defendant Zhang to health driving the vehicle load frozen vegetables20Tons, from Kunming to Jiangsu,16When the54Branch to the National Highway324LineK2444+100MAt the time, because of poor braking, improper operation, and overloading, speeding, turn right turn left turn after the car to continue to glide, successively with the cloudD34996The cloudD28993The cloudD35246The cloudAG9250Four car collision accident, caused by cloudD28993He Song and driving cloud Changhe mini vanD35246No. blue arrow agricultural vehicle Teng bright died on the spot, driving cloudsD28993No. the Changhe mini van Zhang Chonghua is seriously wounded (nine disabled), take the car Yang Zhongming suffered minor injuries (ten disabled), Liu Linfeng suffered minor injuries, driving cloudsAG9250Tianjin Xiali cars, Zhang Zhengfen suffered minor injuries, five motor vehicles were a major traffic accident damage. The road traffic accident responsibility, tickets to the full responsibility for the accident. The negative.

The plaintiff Zhang Chonghua2004Years2Month20To master Renhe Hospital treatment,2003Years6Month15Sunrise school, the same year6Month19And live in the hospital,2003Years8Month15Sunrise hospital, for medical expenses60400.50Yuan, food subsidies1690Yuan (169Day, every day10Yuan), nursing fees2535Yuan (169Day, every day15Yuan), disability allowance13352Yuan (nine level disability3338Element*20Years*0.2Two), operation fee (later treatment)6500Yuan, forensic identification fee150Yuan, transportation costs60Yuan, accommodation40Yuan (Qujing, damage identification)20000Yuan (cloudD28993), car damage certification fee350Yuan, a total of105077.50Element. The plaintiff Yang Zhongming2003Years2Month20To master Renhe Hospital treatment,2003Years6Month10Sunrise hospital, for medical expenses26210.10Yuan, food subsidies1080Yuan (108Day, every day10Yuan), nursing fees620Yuan (108Day, every day15Yuan), forensic identification150Yuan, disability costs6676Yuan (ten level disability,3338*20Years*0.1Traffic expense60Yuan, accommodation40Yuan, (to Qujing identification), a total of35836.10Element. The plaintiff Liu Linfeng2003Years2Month20To master Renhe Hospital treatment,2003Years3Month12Sunrise hospital, for medical expenses6079.4Yuan, food subsidies190Yuan (19Day, every day10Yuan), nursing fees285Yuan (19Day, every day15Yuan), forensic identification fee150Yuan, transportation costs60Yuan, accommodation40Yuan (Qujing identification), a total of6804.40Element. The plaintiff Meng lafun husband He Song (deceased) funeral expenses2100Yuan, death compensation33380Yuan (3338Element*10Years), the eldest son He Mengran (12Years old,1990Years8Month25Nissei) support6528Yuan (3264*4Years/2Of people), the parent bamboo (letter68Years old,1934Years12Month12Alimony,)10880Yuan (3264*10Years3/People) medical expenses105Element92003nian 2yue 20Day), transportation costs120Yuan, accommodation80Yuan, a total of53193Element. The plaintiff and the husband of Zhou Yanping Teng bright (deceased) funeral expenses2100Yuan, death compensation33380Yuan (3338Element*10Years), the eldest daughter of Hui (M6Years old,1997Years1Month7Nissei) support16320Yuan (3264Element*10Years/2People), and Diaodi (Teng2Years old,2000Years9Month18Nissei) support22848Yuan (3264Element*14Years/2People, daughter Teng Fangfang (three)1Years old,2002Years4Month5Nissei) support24480Yuan (3264Element*15Years/2The eldest son, Teng Houtao (one)2003Years6Month16Nissei) support26112Yuan (3264Element*16Years/2Of people), transportation costs160Yuan, accommodation80Element, damage20104Yuan (cloudD35246Car damage certification fee)350Yuan, a total of145924Element. Premium car damage plaintiff Li Deqing890Yuan (cloudD34996), car damage certification fee80Yuan, a total of970Element. The plaintiff Zhang Chonghua, Yang Zhongming, Liu Linfeng, Meng Lifeng, Zhou Yanping, Li Deqing and others filed a lawsuit to the court, asked the defendant Zhang Daojian, Anhui province Guangde County, the automobile trade company, Zhao Chuanyi, Liu Chuanfu jointly liable for all kinds of the total cost430859.60Element.

The plaintiff Teng Jia (1954Years10Month20Gao Huanding (,,)1954Years10Month10Zhou Yanping (,,)1973Years4Month10Nissei) litigation request, because there is no evidence that it has lost the ability to work, not to support.

The opinion of this court, the defendant Anhui County of Guangde province of China automobile trade company and the defendant Zhao Chuanyi signed a contract for the sale of the vehicle is the true meaning of the parties, also does not violate the law, both parties shall be in accordance with the agreement obligations, not paid off the car and without the consent of the Guangde County of Anhui Province, China Automobile Trade Company agreed to, the AnhuiP25103The liberation of medium-sized freight, sold to the defendant Liu Chuanfu, their actions violated the agreement both sides purchase a car, so the defendant Zhao Chuanyi shall bear civil liability for compensation. The defendant Liu Chuanfu enjoy the actual use of the right to the vehicle, is the beneficiary of the car, it shall bear civil liability for compensation. The defendant Zhang Daojian accused Liu Chuanfu hired driver, in the transport activities, because of serious negligence caused casualties, shall bear the liability for the accident. According to "the Supreme People's Court on the purchase a car without a transfer procedures for the original owners of the motor vehicle traffic accidents responsibility to reply" regulations, the plaintiff asked the defendant to Anhui County of Guangde province of China Automobile Trade Company liable for civil compensation litigation request, the court shall not support.

To sum up, in accordance with the "road traffic accident treatment method of" thirty-first, "general rule of the civil law" article 119th, article 117th, the provisions of article eighty-seventh, the decision as follows:

A, Zhang Daojian by the defendant to compensate the plaintiff Zhang Chonghua medical expenses60400.50Yuan, food subsidies1690Yuan, nursing fees2535Yuan, disability allowance13352Yuan, two operation fee6500Element, the court examination fees150Yuan, transportation costs60Yuan, accommodation40Element, damage20000Yuan, car damage certification fee350Yuan, a total of105077.50Element.

Two, Zhang Daojian by the defendant to compensate the plaintiff Yang Zhongming medical expenses26210.10Yuan, food subsidies1080Yuan, nursing fees1620Yuan, forensic identification fee150Yuan, disability allowance6676Yuan, transportation costs60Yuan, accommodation40Yuan, a total of35836.10Element.

Three, Zhang Daojian by the defendant to compensate the plaintiff Liu Linfeng medical expenses6079.40Yuan, food subsidies190Yuan, nursing fees285Element, the court examination fees150Yuan, transportation costs60Yuan, accommodation40Yuan, a total of6804.40Element.

Four, Zhang Daojian by the defendant to compensate the plaintiff Meng lafun husband He Song's funeral expenses2100Yuan, death compensation33380Yuan, the eldest son of He Mengran of alimony6528Element, the parent bamboo letter alimony10880Yuan, the medical fee105Yuan, transportation costs120Yuan, accommodation80Yuan, a total of53193Element.

Five, Zhang Daojian by the defendant to compensate the plaintiff and the husband of Zhou Yanping Teng bright funeral expenses2100Yuan, death compensation33380Yuan, the eldest daughter of Teng Caihui of alimony16320Yuan, secondly alimony female Teng Diaodi22848Yuan, three daughter Teng Fang Fang of alimony24480Yuan, the eldest son of Teng Houtao of alimony26112Yuan, transportation costs160Yuan, accommodation80Element, damage20104Yuan, car damage certification fee350Yuan, a total of145934Element.

Six, Zhang Daojian by the defendant to compensate the plaintiff Li Deqing damage890Yuan, car damage certification fee80Yuan, a total of970Element.

Seven, the defendant Zhao Chuanyi, Liu Chuanfu on the one or two, three or four, five or six judges compensation totaling347815Yuan shall assume joint and several liability.

The above costs limited verdict after payment.

Eight, the property preservation fee3000Yuan, shared by the plaintiff.

Nine, the litigation costs16530Yuan, shared by the defendant Zhao Chuanyi, Liu Chuanfu.

Any party who refuses to accept the decision, and decision within fifteen days from the date of receipt, submit the written appeal to the court, and the copy number according to the other party, appeal to Qujing City Intermediate People's Court of Yunnan province.

Both parties take sentence, the judgment and legal effect. If the parties do not automatically discharge the obligations of this decision, the enjoyment of the rights of a party in the enforcement of judgments upon the expiry of the law within the time limit prescribed by this court for compulsory execution, both or one of the parties are citizens, for compulsory execution for a period of one year; both parties are legal persons or other organizations, apply for compulsory execution for a period of six months.

The presiding judge Zhang Qiong

Judge Ai Jinchun

Judge Xie Cunzhu

October 25, 2005

A secretary Qian Jiangtao