Shandong Economic Development Zone in Heze Province, the people's court

Civil judgment

  (2013He opened the) issued Spain in the early Republican word732No.

Plaintiff: Zhao Jianli, male,1974Years7Month28Day of birth, the Han nationality, farmer, lives in the Heze economic development zone.

Attorney: Ming Guangjun, lawyer of Shandong noble and.

Defendant Li Guangkuo, male,1967Years10Month10Day of birth, the Han nationality, people live, Peony District of Heze city.

The defendant China earth property insurance Limited by Share Ltd Heze branch, Heze City People's road south of domicile.

For Li Jie, the general manager of the company.

Agent Li Dongxu, male,1970Years1Month2Day of birth, the Han nationality, the company employees, Mudan District, Heze city.

The plaintiff and defendant Li Guangkuo Zhao Jianli, China earth property insurance Limited by Share Ltd Heze branch (hereinafter referred to as the CCIC Heze company) liability disputes of motor traffic accident one case, to2013Years10Month11Proceedings to the hospital. The hospital the same day after accepting the case, shall form a collegial panel, in2013Years11Month26Japan to conduct a public trial. Attorney Li Dongxu the plaintiff Zhao Jianli and agent Ming Guangjun Li Guangkuo, the defendant, the defendant CCIC Heze company are to take part in the proceedings. Now the trial has been closed.

The plaintiff Zhao Jianli claims,2013Years9Month20Day7When the left and right sides, riding a tram along the Yangtze River in Heze City routing West to east to go to work, but over a car knocked to the ground by the plaintiff. The coma after wake up, found a car license plate for LuRA606EThe car stopped at the scene. The defendant Li Guangkuo's car at the front of the crushed cars, car front right and right behind have crash. When work passers-by in the walk, the plaintiff will pass, the defendant Li Guangkuo driving a car ran through the red light, shall be responsible for the. Asked the defendant to pay the medical fees, hospital food subsidies, lost wages, nursing fees, transportation fees, management fees, the cost of living, the parking fees and damages totaling15000Yuan, the litigation costs to be borne by the defendant.

Li Guangkuo argued that the defendant,2013Years9Month20Day7When the left and right sides, its driving LuRA606ECar along the Heze Huaying road running from north to south, the lights from the red light through the Yangtze River road continues southward, when driving to the Yangtze River Road South, heard a bang, through the mirror to see someone sitting on the pavement, the defendant stop immediately and the view, and said to the plaintiff if there is a problem to go to hospital for treatment. After the family arrived at the scene, the defendant and the plaintiff's family consultation compensation to the plaintiff3000Element, but the family did not agree, and then call the110And120. Later, the traffic police comrades exploration field, to the traffic police team to view the video, video display process the riding car travel from west to East in the lanes, the plaintiff did not see the lights, the car hit the vehicle door. LuRA606ECar insurance to pay strong in the CCIC Heze companies, the accidents of the cost shall be borne by the defendant CCIC Heze company, which does not assume liability to pay compensation.

The defendant CCIC Heze company argued, willing to bear the responsibility for compensation in the insurance to pay strong limit, except for the identification of fees and other indirect costs.

After hearing the cognizance,2013Years9Month20Day6When the51The defendant Li Guangkuo driving, LuRA606ECar along the Heze Huaying routing North southward, at an intersection, the electric bicycle driving and the plaintiff Zhao Jianli road to the east along the Yangtze River route west collided, causing Zhao Jianli injured, both vehicles damaged.2013Years10Month8Day, the Heze Municipal Public Security Bureau Traffic Police Detachment of the urban group certificate issued by the road traffic accident, that states: "after investigation, the witness was not found. No traffic police command, no traffic monitoring facilities, unable to find out who violate traffic signal caused the accident, the traffic accident causes can not be checked." The plaintiff Zhao Jianli injured in the center of Heze Development Zone hospital treatment, the diagnosis of multiple soft tissue injury, hospitalization12Day, expenditure for medical expenses3343.79, photocopy fee5Yuan, second the plaintiff in Heze Municiple Hospital inpatient expenditure1.5TAnd the above magnetic resonance scan fee770Element. Discharge instructions: pay attention to rest, discomfort and follow-up.2013Years10Month28Day, the plaintiff Zhao Jianli cost of medical expenses in Heze Municiple Hospital265.5Element. The plaintiff in the Heze Development Zone center hospital treatment for a period of two grade nursing, nursing staff, and his wife Wang Meiying, the plaintiff Zhao Jianli and his wife Wang Meiying are agricultural registered permanent residence.2013Years10Month28Day, Heze city traffic police brigade was commissioned by the Heze City Mudan District Price Certification Center the Yinyang brand vehicle damage driving were identified, the conclusion is that the electric vehicles in the local reference date loss price1580Yuan, the plaintiff to pay examination fees50Element. The defendant CCIC Heze company to put forward objection to the price authentication conclusion book, asking the court to recognize. In the trial, the plaintiff requests the defendant to pay transportation costs430Element, and submit the taxi invoice43Zhang, gauge section430Yuan, two defendants testimony that the plaintiff claims the transportation fee is too high, and the invoice is even, asking the court to recognize. The plaintiff submitted parking receipts a certificate in2013Years10Month25On the expenditure of car parking fees720Yuan, the two defendant demur. The defendant Li Guangkuo driving LuRA606ECar insurance to pay strong in the CCIC Heze insurance company, the insurance period2013Years5Month30Zero hour up to2014Years5Month29Day24Stop when the accident occurred in the period of insurance.

Find out the other, China Insurance Regulatory Commission regulations, the insured vehicle responsible, death and disability compensation limit11Million yuan, medical treatment charge compensation limit for1Million yuan, property damage compensation limit2 000Element.2012Shandong Province Agricultural, forest, animal husbandry, fishery state-owned economy with the industry average annual wage32869Element.

The above facts, the statement of the parties, prove, road traffic accident inspection certificate of diagnosis, medical records, hospital fees bill, outpatient charges bills, insurance, resident registration card, Shandong province price authentication conclusion books, receipts and other evidence of price appraisal in volume by, and the two parties cross examination and the College examination can be accepted.

The opinion of this court, the defendant and the plaintiff Zhao Jianli Li Guangkuo driving a motor vehicle traffic accidents, causing the plaintiff Zhao Jianli injured facts, both sides have no objection, the court be identified."The people's Republic of China Road Traffic Safety Law" article seventy-sixthThe first paragraph: "motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; lack of parts, shall bear the liability for compensation in accordance with the following provisions:...... (two) motor vehicle and non motor vehicle traffic accidents, pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the responsibility for compensation; there is evidence of non motor vehicle drivers, pedestrians have fault, appropriate to reduce the liability of motor vehicle party according to the degree of fault motor vehicle shall not at fault;, bear the responsibility of compensation does not exceed ten percent." On the cause of the accident, both sides stated breach of traffic accidents, but have failed to provide the relevant evidence, the legal consequences of the defendant Li Guangkuo shall bear the burden of proof as the vehicle cannot, the defendant Li Guangkuo bear full responsibility for this accident. "The people's Republic of China tort liability law" sixteenth article: "infringement caused personal injury, the reasonable expenses shall pay the medical fees, nursing fees, transportation fees and expenses for treatment and rehabilitation, as well as the lost wages......". In this case, the loss of the plaintiff Zhao Jianli and costs: (a) the medical fees, outpatient fees bill, according to the hospitalization charge bill with medical records and diagnosis proof, the amount determined according to the plaintiff patient fees bill, hospitalization charge bill with medical records and diagnosis proof, the amount determined as4379.29Yuan; (two) hospital food subsidies, taking Heze city state organs and the general staff of the mission in the daily food allowance standard30The calculation for the standard, the amount determined as360Yuan (12*30); (three) lost wages, the plaintiff is agricultural registered permanent residence, according to2012The average annual wage of Shandong province agriculture, forest, animal husbandry, fishery state-owned economic units32869Yuan calculating, lost wages determined as1080.62Yuan (32869÷365*12); (four) nursing fees, the calculation standard for lost wages, the amount of the fee for nursing1080.62Yuan (32869÷365*12); (five) the cost of transportation, combined with the location for medical treatment, hospitalization time, the number, amount is determined as120Yuan; (six) identification fee, according to the Heze City Mudan District Finance Bureau issued by non tax revenue receipts, the amount determined as50Element. (seven) copy fee, the plaintiff photocopy fee5Element, the defendant without objection, according to the Heze Development District Central Hospital issued by the plaintiff submitted fees notice, the court determined as5Yuan; (eight) car damage, according to car damage Shandong Price Certification conclusion identified in the book1580Yuan, the car loss is determined1580Element. The plaintiff Zhao Jianli compensation parking fees, no legal basis, the court shall not support. The plaintiff for follow-up treatment costs, can be separately after the actual claims. The plaintiffs argue that the mental damage solatium, failed to prove because of the traffic accident caused serious consequences, the court shall not support. All the above costs and losses amounting to8655.53Yuan, for the plaintiff high part, the court shall not support.

"Specified in the first paragraph of article seventy-sixth of the people's Republic of China Road Traffic Safety Law": "motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; lack of parts, shall bear the liability for compensation in accordance with the following provisions:...... (two) motor vehicle and non motor vehicle traffic accidents, pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the liability for compensation;......". Therefore, in this case, the defendant CCIC Heze company should be in strong insurance to pay for medical expenses limit under, compensation to the plaintiff to Zhao Jianli medical fee, hospital food subsidies totaling4739.29Yuan (4379.29+360); in death and disability compensation for lost wages, compensation to the plaintiff, nursing fees, transportation fees, a total of2281.24Yuan (1080.62+1080.62+120); in property damage compensation for damage, compensation to the plaintiff1580Element. Copy fees, appraisal fees totalling55Yuan, not in cross strong insurance compensation project scope, in accordance with the law by the defendant Li Guangkuo responsible for compensation.

To sum up, in accordance with "the people's Republic of China Road Traffic Safety Law" the first paragraph of article seventy-sixth, "the people's Republic of China Tort Liability Act" of sixteenth, the Supreme People's court "on certain issues concerning the application of law in the trial of personal injury compensation cases the interpretation of" seventeenth, nineteenth, twenty, twenty-first, twenty-second, twenty-third herein, the decision as follows:

One, the defendant China earth property insurance Limited by Share Ltd Heze branch to compensate the plaintiff Zhao Jianli medical fee, hospital food subsidies, lost wages, nursing fees, transportation fees, car damage total8600.53Yuan, ten days after the entry into force of this decision is fulfilled;

Two, the defendant Li Guangkuo compensation to the plaintiff Zhao Jianli copying fees, appraisal fees totalling55Yuan, ten days after the entry into force of this decision is fulfilled;

Three, rejected the plaintiff Zhao Jianli's other claims.

If not according to the period specified in the judgment to the payment of money obligations, should be in accordance with the "Regulations of PRC Civil Procedure Law" article 253rd, double payment of interest on debt during the delay in performance.

The case acceptance fee175Yuan, shall be borne by the plaintiff Zhao Jianli75Element, the defendant China earth property insurance Limited by Share Ltd Heze branchBurden50Element, the defendant Li Guangkuo burden50Element.

Any party who refuses to accept the decision, the verdict can be delivered within fifteen days from the date of the petition, and the number of copies to the other party, appeal to the Shandong province Heze City Intermediate People's court.

The trial Sentenced Long        Wei The soldiers

The trial Sentenced Member        Lee Yun

Acting judge        Liu Standard

Two1One three years in December twenty-sevenDay

The book Note Member        Tan Peng