The appellant Ping An Property Insurance Limited by Share Ltd Foshan Shunde branch, Liu Weilin, Li Lixing and Huo Haiqiu, Liang Guohua is the road traffic accident damage Chinese

Damage compensation dispute case

Civil judgment

(2005) the Buddha Chinese and French people a final word no. 815th

   The appellant (defendant in the original instance) Chinese Ping An Property Insurance Limited by Share Ltd Foshan Shunde branch, located in Shunde District, Daliang: Foshan along 121 North Road, Development Building, two floor B area, C area and the eighteen floor.

   Person in charge Deng Dongxu.

   Attorney: Wen Shisong, lawyer of Guangdong Zen buddhism.

   The appellant (the plaintiff) Liu Weilin, male, was born in September 14, 1959, Han nationality, live Foshan prosperous Lecong District Shunde town handsome Street No. 2 lane six.

   The appellant (the plaintiff) Li Lixing, female, was born in November 16, 1962, Han nationality, live Foshan prosperous Lecong District Shunde town handsome Street No. 2 lane six.

   Attorney: Liang Changyun of the two Appellants, Guangdong Hedison law firm lawyers.

   Attorney: Xie Hongbo of the two Appellants, Guangdong supreme law firm lawyers.

   Appellee (defendant in the original instance): Huo Haiqiu, male, was born in February 23, 1974, Han nationality, live Foshan town of Lecong city Shunde District neighborhood Tai O Sha Kau Macao Fang Yi Xiang No. 9.

   Appellee (defendant in the original instance): Liang Guohua, male, was born in January 1, 1966, Han nationality, live Foshan Luo Sha Cun Wei Lecong town Shunde district will be nine Lane 1.

   The two respondent agent. Young bin, Guangdong ancient lawyer.

   The above two the appellee's attorney Chen Qifen, female, the Han nationality, born in December 5, 1976, lived Foshan town of Lecong city Shunde District Lecong Ju Wei Li Zhong Lu Yi Street No. 28.

   The appellant Foshan Ping An Property Insurance Limited by Share Ltd Shunde branch (hereinafter referred to as China Ping An insurance company) and Liu Weilin, the appellant Li Lixing due to road traffic accident damage compensation dispute case, are against the Guangdong Province Foshan city Shunde District People's Court (2005) smoothing method people early word number 1322nd civil judgment, appeal to this academy. The court formed a collegial panel to conduct the trial. Now the end of the trial.

   The original judgment: defendant Huo Haiqiu motor vehicle driving after drinking, not according to the operating rules of safe driving, the fault behavior is the underlying causes of the traffic accident, Foshan City Public Security Bureau Shunde branch traffic police detachment of the second battalion that full responsibility for the defendant Huo Haiqiu negative accident, fair, reasonable, should be adopted. Two the plaintiff's daughter Liu Yongmei died of the traffic accident, the defendant should be compensation for the loss of two Haiqiu Huo the plaintiff resulting in the traffic accident, the defendant Liang Guohua as Guangdong X/C7392 light truck registered owner, bear to the Huo Haiqiu caused the loss of joint and several liability to pay compensation. The deceased's occupation is agriculture, which belongs to the rural residents, so the defendant Huo Haiqiu, Liang Guohua should pay two of the death compensation of 4054.58 yuan / year x 20 years =81091.6 yuan. The two plaintiffs claim for death compensation of 450000 yuan, the lack of factual and legal basis, and should not be supported. After the accident, the Huo Haiqiu paid the Liu Yongmei funeral expenses of 4000 yuan, two the plaintiff did not advocate for funeral expenses in this case, so the content, not review. ... judgment: defendant. A, China Ping An Property Insurance Limited by Share Ltd Shunde branch should be in the judgment takes legal effect from the date of 10 internal motor vehicle third party general liability limit of 200000 yuan to pay the plaintiff Liu Weilin, Li Lixing 81091.6 yuan of death compensation. Two, the defendant Huo Haiqiu, Liang Guohua should be 10 joint compensation the plaintiff Liu Weilin, Li Lixing spirit loss cost 50000 yuan to the judgment becomes legally effective date. Three, rejected the plaintiff Liu Weilin, Li Lixing's other claims. The case acceptance fee of 11010 yuan, the property preservation fee 3520 yuan, total 14530 yuan, the plaintiff Liu Weilin, Li Lixing burden 11340 yuan, the defendant Huo Haiqiu, Liang Guohua burden 1190 yuan, the burden of 2000 Yuan Ping An insurance company.

   The appellant, Ping An insurance company and the appellant Liu Weilin, Li Lixing are not satisfied with the verdict, the appeal to the court. Ping An insurance company appeal said: A, according to the facts of the case, Huo Haiqiu driving of vehicle insurance in the drunk, the behavior is illegal, franchise and belongs to the applicant Liang Guohua and Ping An insurance company, insurance contract, so the Ping An insurance company shall not shall bear the corresponding liability for compensation. 1, according to "road traffic safety law" and "Guangdong Provincial Higher People's court and the Guangdong Provincial Public Security Department on the" road traffic safety law "after the implementation of road traffic accident case certain questions opinions" provisions, in traffic after the accident, the accident vehicle in the motor vehicle third party insurance, the aggrieved party that is made at the highest insurance limit directly to the insurance company to claim compensation for the rights, the above provisions from entity and procedure to solve the victim directly sue the insurance company problems. But according to the relevant provisions of the insurance law and the contract law, if the insurance company liability has two conditions: (1), the insured in accordance with the law on the third party shall be liable for compensation; (2), the insurance company and the parties enter into the insurance contract in accordance with the law, the scope of compensation insurance accident belongs to the insurance company. In this case, the Huo Haiqiu drunk driving the insured vehicle causing this accident. Pingan Insurance Company made with Liang Guohua, the third general liability insurance contract article third (eleven) expressly agreed: cause traffic accident behavior of drunk driving, which belongs to the range of Ping An insurance company, the deductible. Therefore, Ping An insurance company is not required by law to bear the responsibility of compensation for Liang Guohua, so there is no need to assume liability to pay compensation to the plaintiff in the case. The 2 sign, Ping An insurance company, and Liang Guohua's December 22, 2004 policy number 044100099088 third comprehensive liability insurance contract is approved by the CIRC China commercial insurance contract, is a legitimate and effective. To China's "contract law" and "insurance law" protection. Insurance contract article third (eleven) a legitimate, effective, clearly stipulated the driver drunk driving of vehicle insurance, regardless of any loss or economic compensation, the Insurers shall not be liable for. Two, illegal acts of Huo Haiqiu drunk, or ignoring the facts of the case, a suitable "road traffic safety law" article seventy-six requirements, Ping An insurance company shall bear the liability for compensation violations of Huo Haiqiu, no basis in law. "Road traffic safety law" stipulates that the seventy-sixth"Motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability within the scope of compensation."Thus, the victim has made the request directly to the insurance company, the right compensation. From the above law word visible, prerequisite for liability insurance companies is the traffic accident loss shall belong to the motor vehicle third party liability compulsory insurance of liability within the scope, if the traffic accident of the person, property damage insurance does not belong to the company's third party liability insurance compensation range, the insurance company does not need in accordance with "road traffic safety law" stipulates that the seventy-sixth to take the responsibility to compensate the victim. This article is just entitle the victim directly to the insurance company to exercise the right to claim compensation rights. As for whether the insurance company should be compensation, compensation, it must be on the basis of the insurance law, the relevant judicial interpretations of the Supreme People's court, the insurance contract and "the Guangdong Provincial Higher People's court, Guangdong Province Office on the" road traffic safety law "after the implementation of road traffic accident case opinions on several problems of" judgment, but not as long as is the vehicle to buy the vehicle third party liability compulsory insurance, do not ask people and situations, the insurance company should bear the responsibility for compensation. In this case, Huo Haiqiu drunk driving, which belongs to the franchise range specified in the insurance contract, but also a violation of the "road traffic safety law" article twenty-second"Drinking, taking state control of psychotropic drugs or narcotics, or hinder safe driving of vehicles with disease, or is too tired to drive safely, shall not drive a motor vehicle"Regulations. This illegal behavior, not by an insurance company shall bear the liability for compensation. The decree of the insurance to assume liability to pay compensation in the case, distort the legal, legislative authorization to expand the "road traffic safety law" in article seventy-sixth, belonging to the erroneous application of the law. Three, the accident caused many casualties, the trial court decision directed of Ping An insurance company to pay compensation to the plaintiff is wrong. The accident resulted in two deaths of Liu Yongmei, Chen Cuiju and Liu Yongran were injured, but the insured to restful insurance company insurance third party liability insurance claims amounted to 200000 yuan, if each of the victim requests in 200000 yuan of the total coverage responsibility, that is to say Ping Anbao insurance company to pay far more than 200000 yuan of claims. This is obviously unfair to Ping An insurance company. At the same time, from the victim's point of view, if the 200000 yuan of claims in the first come first served it, has not yet been sued the victim is obviously unfair. Therefore, from the principle of fairness point of view, the original is extremely inappropriate. To sum up, the request cancellation of the original judgment: first; rejected Liu Weilin, Li Lixing of Ping An insurance company litigation request; the litigation costs borne by the Huo Haiqiu, Liang Guohua. ........

   Upon examination, the hospital except for"Liu Yongmei of the dead was rural residents"Outside the facts confirmation. Find out the other, the appellant Liu Weilin, Li Lixing and the victim Liu Yongmei Foshan city residents.

   This house believes that: according to the Supreme People's court "several regulations about the civil action evidence" provided for in the third paragraph thirty-fourth, the parties to increase, modify the claim shall be put in evidence before the expiration of the term. Liu Weilin, Li Lixing in the first instance the prosecution did not request of Ping An insurance company, Huo Haiqiu, Liang Guohua compensation for their loss of working time fees and funeral expenses of litigation request, we presented the two request, an increase in litigation request, but the parties not in accordance with the provisions of the judicial interpretation, the time limit for adducing evidence in a trial before the expiry of the specified, and the two request does not belong to the independent litigation request, the hospital on the proposed increase in the second instance proceedings not support the request.

   Foshan has carried out reform of the household registration management system, has Foshan area household residents in July 1, 2004 has been unified into the Foshan residence. Road traffic accident in this case occurred in February 11, 2005, the Liu Yongmei is Foshan city resident accounts, therefore, Liu Yongmei's death compensation compensation should be based on the standards of urban residents, or 12380.4 x 20=247608 yuan. Appellant Liu Weilin, Li Lixing fully, the court shall support.

   In this case, Ping An insurance company claim the driver drunk driving the insured vehicle belongs to the insurance contract agreed exemptions, should be relieved of liability. In the dispute of compensation for traffic accident case, as the vehicle insurer insurance company in fulfilling its obligation of compensation, according to "road traffic safety law" the obligation of compensation for damages, which belongs to a kind of legal obligation, a legal remedy to the objective risk cannot fully compensate the victim compensation claim for the reason the perpetrators of the compensation ability is insufficient, refused to compensate, hit and run, time lag compensation may be made. Therefore, the compulsory third party liability insurance is to ensure that the insured of the damage caused by the behavior and injured third people can get effective compensation, there is other than the insured interests of the third person. So in addition to the exceptions stipulated by law, the insurer and the insured in the insurance contract agreed exemptions are not binding on the victim, signed by the insurance company and vehicle insurance contract, on the basis of the principle of relativity of contract, the parties to the contract is only binding. The insurer shall not on the basis of the insured and agreed exemptions against the victim. Therefore, Ping An insurance company, the appeal that the lack of legal basis, the court shall not accept. In addition, the insurance company the amount of compensation for the same accident shall be limited to the insurance limits, if the actual amount of compensation in excess of the insured amount, the victim can also directly to the infringer to recover. Therefore, Ping An insurance company that the accident caused many casualties, the court first sentence to the one dead compensation will increase its legal obligations or other accident victims of injustice and lack of evidence, the court shall not accept.

   To sum up, Liu Weilin, Li Lixing, Liu Yongmei Haiqiu appeal request compensation for the victims of the death compensation legal rational, but the request is too high, not support for the high part of the school. Liang Guohua as the vehicle owner, should assume joint and several liability to. The vehicle has purchased a third party insurance, the insurance company shall be liable for compensation in the 200000 yuan insurance limit. The judgment of the first instance found applicable legal fact, error, this court reheard. Accordingly, in accordance with the "PRC Civil Procedure Law" article 153rd (two), (three) the provisions of item, the decision as follows:

   Guangdong Province, maintaining a Foshan city Shunde District People's Court (2005) smoothing method people early word 1322nd, second, three civil judgment decision;

   Two, undo Foshan Guangdong Province Shunde District People's Court (2005) smoothing method people early word 1322nd civil judgment of the first;

   Three, the appellee Huo Haiqiu, Liang Guohua should be in the judgment of the appellant within 10 days Weilin Liu, Li Lixing paid for the victim Liu Yongmei death compensation 247608 Yuan takes legal effect;

   Four, the appellant China Ping An Property Insurance Limited by Share Ltd Shunde branch in the decision within 10 days of the convicted of certain obligation in the insurance amount of 200000 yuan shall bear the liability for compensation takes legal effect.

   The case acceptance fee of 11010 yuan, the property insurance premium of 3520 yuan, total 14530 yuan, by the appellant Liu Weilin, Li laihing burden 7265 yuan, by the respondent Huo Haiqiu, Liang Guohua burden 7265 yuan. The second fee is 11010 yuan, by the appellant China Ping An Property Insurance Limited by Share Ltd Shunde branch, the appellee Huo Haiqiu, Liang Guohua burden.

   This judgment is the final judgment.

   Chief justice Wu Jiannan

   Acting judge Lin Bo

   Acting judge Zhou Qin

   Two hundred five years in September 22nd

   This piece with the original check is

   The clerk Han Ying