Plaintiff: Du Lanwu, male, was born in August 15, 1951, Han nationality, live in the Shandong province Lingxian County Yi Kou Xiang Ma Miao Cun, No. 10 (Department of the cuckoo's father).

 Plaintiff: Yang Xiufen, female, was born in January 19, 1954, Han nationality, live in the Shandong province Lingxian County Yi Kou Xiang Ma Miao Cun, No. 10 (Department of the deceased mother of Rhododendron).

 The two plaintiffs attorney Jiang Ping, female, born in October 26, 1979, Han, Jin Xiu Yuan Decheng smallpox live in the city of Dezhou 3 - 5 - 601 special authorization agent.

 Defendant: Zhao Wenguo, male, born in October 16, 1970, lived in Shandong province Ningjin County, Cao Xiang Ji Ke Wang Cun No. 11

 Agent Zhang Jianping, Dezhou City Xinde legal services legal workers. Special authorization agent.

 Defendant: Sheng Shiying, female, born in October 25, 1958, three groups of Zhuang Cun, Zhoukou City, Henan Province, live Chuanhui District, Li Bu Kou Xiang (Department of a dead mother of Duan Xinming).

 The section of Qinghai, male, born in June 7, 2003, three groups of Zhuang Cun, Zhoukou City, Henan Province, live Chuanhui District, Li Bu Kou Xiang (Department of the segment segment Xinming son).

 Attorney: Sun Dianhua, male, Han nationality, born in December 26, 1945, in Dezhou City, built 13 new street 1 Building 1 unit 101. General authorization agent.

 The defendant should be according to the property insurance Limited by Share Ltd Dezhou branch. Business address: Dezhou city Dexing Road North Yue Xiu Xiao Qu Xiao River Village Wuguan comprehensive building.

 Representative: Zhang Ruiguo, general manager of.

 Agent Xiao Yuqing, clerk.

 Attorney: Wang Xiaobo, female, born in February 23, 1977, Han nationality, Dezhou City Tianqu German District 32 Building 3 unit 201. Special authorization agent.

 The plaintiff Du Lanwu, Yang Xiufen and the defendant Zhao Wenguo, rope Sein, section of Qinghai, the Yongan property insurance company Dezhou branch road traffic accident damage compensation dispute case, the court, a collegial panel, the case was heard in public. The plaintiff Du Lanwu, Yang Xiufen and agent Jiang Ping, the defendant Zhao Wenguo's agent Zhang Jianping, accused Sheng Shiying, attorney Sun Dianhua Qinghai, attorney Wang Xiaobo to the Yongan property insurance company Dezhou branch to participate in the proceedings. Now the trial has been closed.

 The plaintiff Du Lanwu, Yang Xiufen claims, in December 30, 2009, a new driving license Lu NAV39 two wheel motorcycle road along the North Pacific fruit drinks market, the car and the driver from the south to the north, Zhao Wenguo Lu NN8670 car collided, causing damage to the vehicle, the Duan Xinming died on the spot, the cuckoo injured after the hospital rescue invalid death. The accident by the Dezhou Municipal Public Security Bureau Traffic Police Detachment accident treatment group decision, equal responsibility with the first defendant dead Duan Xinming negative to the accident, the cuckoo as Lu NAV739 two motorcycle riders do not assume responsibility for the accident. According to the law, the first defendant Zhao Wenguo shall bear the liability for compensation, the fourth defendant Yongan property insurance company should be in the traffic accident compulsory insurance liability limit shall bear joint and several liability, asked four defendants to pay compensation of losses amounting to 563979.83 yuan.

 The defendant argued that the plaintiff Zhao Wenguo, be perfectly logical and reasonable compensation to loss.

 The defendant argued that the defendant Sheng Shiying, Qinghai section, our party is the victim, period of Ming has died, widows and orphans, the compensation to be perfectly logical and reasonable range, do not assume the costs.

 Through investigation, sixteen twenty on December 30, 2009, Duan Xinming of the dead drive without card Lu NAV739 two motorcycle riders Rhododendron injured after the hospital rescue invalid after death. The accident by the Dezhou Municipal Public Security Bureau Traffic Police Detachment accident treatment group maintains: the message name in violation of "the people's Republic of China Road Traffic Safety Law" the first paragraph of article nineteenth, article thirty-fifth, the provisions of article thirty-sixth, the fault of the accident is, equal responsibility for the accident; Rhododendron as Lu NAV739 two wheel motorcycle riders do not assume responsibility for the accident.

 December 30, 2009 afternoon, the cuckoo was sent to the Dezhou People's Hospital for treatment, the victim because of the traffic accident to head injury, cerebral contusion and laceration of the brain, dura, hematoma, subarachnoid hemorrhage, skull fracture, in January 7, 2010 the rescue invalid, clinical death.

 The other identified, the defendant Zhao Wenguo driving, Lu NN8670 car in Yongan property insurance company Dezhou branch there are cross strong insurance.

 The plaintiff Du Lanwu, Yang Xiufen as its claims submitted the following evidence to the court to support: Ningjin People's Hospital in 1 Certificate of diagnosis, to prove that the plaintiff Du Lanwu, the plaintiff Yang Xiufen because of the body disease lose labor ability; a certificate issued by the Lingxian County ferry 2 Miao Cun Yi Xiang Ma village committee, two the plaintiff prove that there is no house, no land, no source of economic life; 3 proof of residence the letter, registration certificate, cremation certificate, proof of the urban population of 4 Rhododendron department; Dezhou People's Hospital

Hospital charges special bill a, Dezhou People's Hospital outpatient charging documents 7, Dezhou Xinhua Lukang pharmacy summons 1 emergency department visits, signed Sun Mingliang expert consultation fee $1000 show 1. Together, that medical costs 20166.33 yuan; at the same time that 11 days of hospitalization, hospitalization two nursing, nursing fees according to the calculation of 65 yuan per day, a total of 1430 yuan; at the same time that 11 days of hospitalization, hospitalization two nursing, nursing fees according to the calculation of 65 yuan per day, a total of 1430 yuan; a 5 Dezhou People's Hospital outpatient medical records, Dezhou People's Hospital a certificate of diagnosis; book identified 6 traffic accident; 7 residual dead king that residual offerings before the table, to prove that the defendant and the defendant Sheng Shiying Qinghai is legally inherited Duan Xinming of the dead man. The defendant Zhao Wenguo submitted has been paid to the plaintiff for 2 two 25000. After cross examination, the defendant Zhao Wenguo to the plaintiff to submit evidence of 3, 5, 6, 7 have no objection to the evidence evidence; 1, evidence of 2 has the objection, that does not prove that the two plaintiff lost labor ability, and that the plaintiff evidence 2 specifically stated to work, the age does not meet the conditions for dependents; evidence for the 4 objection, that the evidence submitted in the 4 expert consultation fee dissent; have objections to the nursing cost, think that there should be a hospital; the spirit of the solatium amount significance. The defendant Yongan property insurance Limited by Share Ltd Dezhou branch examination opinions. The plaintiff submitted to the defendant Zhao Wenguo evidence no objection, that was the defendant Zhao Wenguo to pay 25000 yuan. After the court presided over the mediation, not agree.

 The above facts, the plaintiff, the defendant to submit documentary evidence, the parties in the court, the court records in the volume confirmed.

 This house believes that the accident, the public security organ for confirmation of traffic accident, the household registration certificate, registration certificate, certificate of cremation, Dezhou People's Hospital hospital charges special bill a certificate of diagnosis, Dezhou People's Hospital, residual dead residual before the king support cases prove table, has no objection, the court shall adopt. The evidence submitted by the plaintiff to prove the plaintiff 1 body disease need to rest, but can not prove that the plaintiff lost labor ability; evidence to prove that the plaintiff as 2 agricultural population do not have their own house and land, but the proof is to go out to work, can not be identified as no other living sources, the plaintiff does not meet the conditions for dependents, therefore the plaintiff the living expenses for dependents shall not support. But in view of the physical condition of the children, and only one, about the requirements of the mental damage solatium, should take the maximum amount of 5000 yuan is appropriate. The evidence submitted by the plaintiff in the emergency department Sun Mingliang signed by expert consultation fee $1000 proof, because the proof of a formal invoice only staff signature is not sealed and expert fees related institutions, the court shall not be accepted. About nursing fee should the plaintiff, the per capita disposable income of 49.5 yuan a day to calculate the cuckoo hospital stay 11 days two nursing fee is 1089 yuan by 2009 urban households. The defendant Zhao Wenguo submitted two pieces by Du Lanwu, Yang Yufen's receipt, the plaintiff to be recognized, the court for confirmation, confirmed that the defendant Zhao Wenguo paid 25000 yuan for the dead. To sum up, the reasonable losses of the plaintiff's claim as: medical costs 19106.33 yuan 13203.50, funeral expenses, death compensation of 326100 yuan, 1089 yuan care, mental injury solatium 5000 yuan, the 364498.83 yuan (the accused Zhao Wen states paid 25000 yuan). Zhao Wenguo is in violation of the "people's Republic of China Road Traffic Safety Law" the twenty-second the first paragraph, the fault of the accident is,, equal responsibility for the accident: the dead Duan Xinming in violation of the "people's Republic of China Road Traffic Safety Law" the first paragraph of article nineteenth, article thirty-fifth, article thirty-sixth provisions of the fault, the accident is, take the responsibility of the accident; the cuckoo as Lu NAV739 two motorcycle riders do not assume responsibility for the accident. Zhao Wenguo driving, Lu NN8670 car in the Yongan property insurance Limited by Share Ltd Dezhou Center branch office for insurance to pay strong, so the defendant Yongan property insurance company Dezhou branch should bear the responsibility in compulsory insurance range limits. To sum up, the defendant Yongan property insurance Limited by Share Ltd Dezhou branch should be in the cross strong insurance limit compensation 65000 yuan. The rest of the compensation, 299498.83 yuan, the defendant Zhao Wenguo to take 149749.43 yuan; the defendant Sheng Shiying, the section of Qinghai as the legitimate heir Duan Xinming did not give up the right of inheritance, so the defendant Sheng Shiying, the section of Qinghai as the legitimate heir of Duan Xinming did not give up the right of inheritance, so the defendant Sheng Shiying, the defendant should bear the responsibility in Qinghai Duan Xinming inherits heritage within the scope, the amount of compensation for 149749.4 yuan. So on the basis of "general rule of the civil law" 106th, 119th "interpretation" and the relevant provisions of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case, the decision as follows:

 One. The Yongan property insurance company Dezhou branch compensation the plaintiff the cuckoo in the strong insurance limits to pay the medical expenses of 10000 yuan, 55000 yuan of death compensation, a total of 65000 yuan, in the verdict within fifteen days after the commencement of the complete payment;

 The two defendant Zhao Wenguo to pay the plaintiff the cuckoo medical expenses, funeral expenses, death compensation, care, mental solatium (part) of the loss of 149749.43 yuan, in the verdict within fifteen days after the commencement of the complete payment (has paid 25000 yuan).

 The three defendant Sheng Shiying, the section of Qinghai in its rightful heir Duan Xinming heritage within the scope of compensation to the plaintiff to the cuckoo medical expenses, funeral expenses, death compensation, nursing fees, maintenance fees, mental solatium (part) of the loss of 149749.43 yuan, ten days after the verdict comes into effect after the payment.

 The 9439 yuan of case acceptance fee, litigation costs 2020 yuan, total 11459 yuan, shall be borne by the defendant Yongan property insurance Limited by Share Ltd Dezhou branch.

 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 Dezhou City Intermediate People's court.

                                                                     The presiding judge Han Shuying

                                                                     Judge  Liu Dongsheng

                                                                     Judge Xia Xiangyin