Move the goods caused by the ground the traffic accident in the car, the insurance company shall be liable for compensation

[note] how to understand "Motor VehicleTraffic accidentLiability compulsory insurance Ordinance"ArticleArticle threeThe provisions of the "car", in the judicial practice controversial. In this case, the victim to stop the truck unloading goods, truck suddenly move after injury victim fell to the carriage. In this case, whether the victim belongs to "the car"? The insurance company that: the victim belongs to "Motor VehicleTraffic accidentLiability compulsory insurance Ordinance"In the provisions of the" the car personnel". The third and the personnel on the car are temporary identity, both because the change range of transformation, the case of tort victims in the car, the result of tort occurred under the car. With reference to the judicial practice, the victim from the car down underground and rolled by vehicles hanging wound for third, and the victim is not because the vehicle rolling and injured, is directly hurt. Due to the victim is not third, so "Road Traffic Safety Law"ArticleArticle 76And the principle of proximate cause in the case no relevance. The first instance court agreed, dismissed the victim to the insurance company claims. The court of second instance is that: the motor vehicle is a vehicle, the and the insurance contract "the personnel on the car" is a temporary identity specific space and time condition, "the personnel on the car" and "third" can change because of specific conditions of time and space and transformation. Considering the nature of insurance, in the roadTraffic accidentLead to personal injury, should be to the detriment of the results for the insurance accident happened time points, to determine its identity according to the temporal position of victims injured when. In this case, the victim because the vehicle sliding from the inside left out fall on the ground were injured, the injured have exposure to the vehicle, which belongs to the "car", and it is becauseTraffic accidentAnd the victims, should be made by the insurance company in insurance coverage shall bear the responsibility for compensation.

(2010) the final word should be a No. 415th

The appellant (the plaintiff) Li Zuoxiang.
Agent Hu Juntao, Yichang city have area of Yangtze River legal services legal workers. Special authorization agent.

Appellee (defendant in the original instance) China Pacific Property Insurance Co Yichang branch.

Legal representative: Yan Weiqing, general manager of the company.

Attorney: Chen Chuanchuan, lawyer of Hubei three gorges. Special authorization agent.

Appellee (defendant in the original instance) Huang Shilong.

Attorney: Long Qing, lawyer of Hubei longxi. Special authorization agent.

The appellant and appellee China Pacific Property Insurance Co Yichang branch Li Zuoxiang (hereinafter referred to as the Yichang Pacific Insurance Company), the appellee Huang Shilong RoadTraffic accidentDisputes of personal injury compensation case, the Yichang City Point Military Court (2010) points issued Spain in the early Republican word no. eighty-eighth civil judgment, and appealed to the hospital. The court, in accordance with the law by judge Yin Weimin to serve as the presiding judge, acting judge Zhang Xiaoyan, Shen Miaomiao participate in a collegial panel to hear. Now the trial has been closed.

The trial found: November 8, 2009 10 am, Huang Shilong driving the E13377 Wuzheng card from low-speed truck carried a car potatoes, traveling to the town of white Creek Bridge Village 2 group road parking, Li Zuoxiang E13377 on the inside will be a bag of potatoes give off after coasting in neutral, Huang Shilong, will Lee Cheung from the inside on the road Li Zuoxiang injured, causeTraffic accident. Li Zuoxiang admitted in Yichang Central People's Hospital treatment for 52 days, doctor: hospital patients need care, rest for three months. Share of medical costs 12934.28 yuan, transportation costs 200 yuan. Yichang City Public Security Bureau Traffic Police Detachment army brigadeTraffic accidentConfirmation that: full responsibility for this accident negative Huang Shilong, Li Zuoxiang no responsibility. In March 5, 2010 the Yichang Three Gorges judicial identification center identification of Li Zuoxiang's disability grade X. Appraisal fee is 700 yuan.

The trial also found: 1, the E13377 Wuzheng card from low-speed truck in the China Pacific Property Insurance Co Yichang branch insured motor vehicleTraffic accidentCompulsory liability insurance, the insurance period of April 29, 2009 to April 28, 2010. 2, Huang Shilong in the Li Zuoxiang hospital has to pay the medical fees of 4550 yuan.

The thought: the health rights of citizens shall be protected. Huang Shilong's traffic safety violations and fault led to theTraffic accidentThe occurrence, the Traffic Police Department identified all responsibility for the accident Huang Shilong negative. Huang Shilong should bear civil liability for compensation according to law. Nursing fee, Huang Shilong Li Zuoxiang lost wages, hospital food subsidies, transportation fee high standards debate, justification, just to support. Reply, solatium should not support the spirit of the damage to the Li Zuoxiang Huang Shilong justification, to support. Because Li Zuoxiang is Huang Shilong from the driving compartment in E13377 Wuzheng card from the low-speed truck on the road in fall injury, should be the person on the car. Yichang Pacific Insurance Company debate, justification, be adopted. According to "theThe traffic safety law of the people's Republic of China on road"ArticleArticle seventy-six, "Motor VehicleTraffic accidentLiability compulsory insurance Ordinance"ArticleArticle three, "Interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case"ArticleArticle seventeen, No.Article nineteen, No.Article twenty, No.Article twenty-one, No.Article twenty-two, No.Article twenty-three, No.Article twenty-fiveRegulations, judgment, Huang Shilong Li Zuoxiang: a compensation for medical expenses 12934.28 yuan, hospital meals 2600 yuan, nursing costs 5548 yuan, 3480 yuan fee income, transportation costs 200 yuan, disability compensation 9312 yuan, identification of costs 700 yuan, total 34774 yuan. After Huang Shilong has paid in Li Zuoxiang during the period of medical treatment of medical charges 4550 yuan, Huang Shilong to Li Zuoxiang to pay 30224 yuan. In the entry into force of this decision within twenty days from the date of payment. Two, rejected Li Zuoxiang to the China Pacific Property Insurance Co Yichang branch's claim. Three, Li Zuoxiang rejected the request of other proceedings. If not according to the period specified in the judgment to the payment of money obligations, should be in accordance with the "Civil Procedure Law of the people's Republic of China"ArticleArticle two hundred and twenty-nineProvisions, double payment of interest on debt during the delay in performance. Litigation costs 965 yuan, 160 yuan by Li Zuoxiang burden, Huang Shilong burden 805 yuan.

The appellant Li Zuoxiang refuses to accept the decision of the court of first instance, to the court appeal said: the law applicable to the error. 1, Li Zuoxiang is not "the personnel on the car". Li Zuoxiang is a temporary car carrying potatoes, not the car drivers; and the car and the personnel under the car identity can be changed, should be to distinguish between insurance accident occurred when the victim's position, Li Zuoxiang injured happened under the car, belongs to car personnel. 2, Li Zuoxiang because the sliding vehicle and wounded, according toInsurance LawThe principle of proximate cause should also be compensation. 3, according to the "Motor VehicleTraffic accidentLiability compulsory insurance Ordinance"The spirit of the legislation should be people-oriented, to protect the victims timely and effective compensation as a primary objective. The Ordinance will only the vehicle and the insured excluded from the scope of compensation, because Li Zuoxiang isn't the vehicle and the insured, in accordance with the "Road Traffic Safety Law"ArticleArticle 76And "Motor VehicleTraffic accidentLiability compulsory insurance Ordinance"Regulations, should be made by the insurance company in insurance within the scope of compensation. To sum up, request the court of second instance shall be amended according to the law by the appellant Yichang Pacific Insurance Company in insurance coverage of the appellant shall bear the liability for compensation, the balance of the respondent Huang Shilong assume the liability of compensation. 2 the costs of litigation by the respondent burden.

The appellee China Pacific Property Insurance Co Yichang branch argued: Li Zuoxiang belongs to the "Motor VehicleTraffic accidentLiability compulsory insurance Ordinance"In the provisions of the" the car personnel". The third and the personnel on the car are temporary identity, both because the change range of transformation, the case of tort of Li Zuoxiang in the car, the result of tort occurred under the car. With reference to the judicial practice, the victim from the car down underground and rolled by vehicles hanging wound for third Li Zuoxiang, not because of vehicle rolling and injured, is directly hurt. Because Li Zuoxiang is not third, so "Road Traffic Safety Law"ArticleArticle 76And the principle of proximate cause in the case no relevance.

Is Huang Shilong argued that: 1, Li Zuoxiang is not the vehicle drivers and passengers, only a temporary bus transporting potatoes, whose identity can be transferred, because he is a sliding vehicle left out of the bus were injured, the accident is injured in the car, which belongs to the "third". 2, "Road Traffic Safety Law"And"Motor VehicleTraffic accidentLiability compulsory insurance Ordinance"Not on" the vehicle "to explain the scope of. According to the "Insurance Law"ArticleArticle 30Regulations, should be in accordance with the general understanding to explain "the personnel on the car," personal damages the case with Li Zuoxiang in the car, should be identified as third people. "Third" is not to suffer the vehicle second rolling conditions. The appellee Huang Shilong believes that the appellant Li Zuoxiang belongs to the cross strong insurance covers third, the losses shall be borne by the insurance company within the scope of insurance to pay strong inner Xianxingpeifu, support the appellant Li Zuoxiang appeal.

The second parties did not submit new evidence.

Both parties have no objection to the finding of facts, the court affirmed to the facts found.

This house believes that, the focus of controversy in this case: "Li Zuoxiang is belong to the personnel on the car" or cross strong insurance coverage of third people, the loss is by the Yichang Pacific Insurance Company for compensation in the scope of compulsory insurance? "Motor VehicleTraffic accidentLiability compulsory insurance Ordinance"ArticleArticle threeProvisions, "motor vehicles referred to in these RegulationsTraffic accidentLiability compulsory insurance, refers to the insurance company to the insured motor vehicle roadTraffic accidentThe car workers, were casualties, property loss insurance victims except the people, be compulsory liability insurance compensation within the limit of liability." Motor vehicle is one kind of transportation tool, the and the insurance contract "the personnel on the car" is a temporary identity specific space and time condition, "the personnel on the car" and "third" can change because of specific conditions of time and space and transformation. Considering the nature of insurance, in the roadTraffic accidentLead to personal injury, should be to the detriment of the results for the insurance accident happened time points, to determine its identity according to the temporal position of victims injured when. In this case, Li Zuoxiang because of vehicles sliding from the inside left out fall on the ground were injured, the injured have exposure to the vehicle, which belongs to the "car", and it is becauseTraffic accidentAnd the victims, should be made by the Yichang Pacific Insurance Company in insurance coverage shall bear the responsibility for compensation. The collegial panel review, in accordance with the "The traffic safety law of the people's Republic of China on road"ArticleArticle seventy-six, "Motor VehicleTraffic accidentLiability compulsory insurance Ordinance"ArticleArticle three, "Interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case"ArticleArticle seventeen, No.Article nineteen, No.Article twenty, No.Article twenty-one, No.Article twenty-two, No.Article twenty-three, No.Article twenty-five, "Civil Procedure Law of the people's Republic of China"ArticleArticle one hundred and fifty-threeThe provisions of the second paragraph, the decision as follows:

One, maintain Yichang City Point Military Court (2010 points) third issued Spain in the early Republican word no. eighty-eighth civil judgment, namely "rejected the plaintiff Li Zuoxiang's other claims."

Two, the revocation of Yichang City Point Military Court (2010) points issued Spain in the early Republican word no. eighty-eighth civil judgment of the first, second, namely ", Huang Shilong for Li Zuoxiang's medical costs 12934.28 yuan, hospital meals 2600 yuan, nursing costs 5548 yuan, 3480 yuan fee income, transportation costs 200 yuan, disability compensation 9312 yuan, identification of costs 700 yuan, total 34774 yuan. After Huang Shilong has paid in Li Zuoxiang during the period of medical treatment of medical charges 4550 yuan, Huang Shilong to Li Zuoxiang to pay 30224 yuan. In the entry into force of this decision within twenty days from the date of payment. Two, rejected Li Zuoxiang to the China Pacific Property Insurance Co Yichang branch's claim."

Three, the people involved in this case because of Li ZuoxiangTraffic accidentThe loss arising from the total 34774 yuan, by the respondent China Pacific Property Insurance Co Yichang branch in the scope of compulsory insurance compensation within the Li Zuoxiang medical costs 10000 yuan, nursing costs 5548 yuan, 3480 yuan fee income, transportation costs 200 yuan, disability compensation of 9312 yuan, the total 28540 yuan; by the appellee Huang Shilong compensation Li Zuoxiang medical costs 2934 yuan, 2600 yuan hospital food subsidies, identification of costs 700 yuan, the total 6234 yuan, 4550 yuan deducted Huang Shilong has to pay, yellow dexron should also ask Li Zuoxiang to pay 1684 yuan. 　　

The payment limit, be settled within twenty days from the date of entry into force of the decision in the. If not according to the period specified in the judgment to the payment of money obligations, should be in accordance with the "Civil Procedure Law of the people's Republic of China"ArticleArticle two hundred and twenty-nineProvisions, double payment of interest on debt during the delay in performance.

A trial of the case acceptance fee of 965 yuan, the appellant Li Zuoxiang burden 160 yuan, the appellee Huang Shilong burden 805 yuan; the second case acceptance fee of $300, by the respondent Huang Shilong burden.

This judgment is the final judgment.

　　

The presiding judge Yin for the people
Acting judge Zhang Xiao Yan
Acting judge Shen Miao Miao
Two, ten years in July 26th
Book clerk Zhang Yin in autumn