Jiangsu province Nantong City Intermediate People's court

Civil judgment

(2013In the final section of the word)0378No.

The appellant (defendant in the original instance) China life insurance Limited by Share LtdXXCounty branch,

Appellee (the plaintiff) WangXX.

The appellant China life insurance Limited by Share LtdXXCounty branch (hereinafter referred to as the life insuranceXXCompany) with the respondent WangXXInsurance contract dispute case, againstXXCounty People's Court (2013)East business at the beginning of the word no.0260No.Civil judgment, and appealed to the hospital. In the hospital2013Years7Month23Hitachi case acceptance, formed a collegial panel, in2013Years8Month14Public hearing of the case. The appellant life insuranceXXThe company's attorney ZhangXXThe appellee, KingXXAnd the entrusted agent ChenXTo take part in the proceedings. Now the trial has been closed.

The kingXXA complaint call,2012Years11Month19Day11When the10So, the driving SuF71W55Number of small ordinary passenger cars, alongXXCountyX205Line from north to South Road, encountered outsider MouXDrivers of electric bikes from east to west across the road traffic accidents, causing two car damage, MouXDied on the spot. AfterXXCounty Public Security Bureau Traffic Patrol Police Brigade made traffic accident, that the kingXXBear the main responsibility of the accident, MouXSecondary responsibility for the accident. AfterXXThe county traffic accident damages people's Mediation Committee for mediation, the kingXXAnd the victim MouXFamily members to reach a compensation agreement, by the kingXXCompensation MouXFamily members20Million yuan. The kingXXDriving the suF71W55Damage, small ordinary passenger cars, take the repairs4100Element. SuF71W55Number of small ordinary passenger cars in the life insuranceXXCompany insurance compulsory insurance and the commercial motor vehicle insurance, the kingXXCompensation MouXAfter the loss to the family life insuranceXXThe company claims fail, requesting the court to judge life insuranceXXThe company paid the kingXXIndemnity162150.8Element.

Life insuranceXXCompanies first argued that, to the kingXXShould be dependent objects living expenses, the MOUXHas more than60Years of age, the mother does not have the ability to support the kingXXMental solatium claim4Million yuan high, agreed to pay3Million yuan; no objection to the other losses.

The trial court found,2012Years6Month8Day, the stranger YuXXThe suF71W55Number of small ordinary passenger cars to the life insuranceXXCompany to the insured motor vehicle traffic accident liability compulsory insurance and commercial insurance, motor vehicle insurance limit for the102420Yuan; third party liability insurance limit20Million, are insured irrespective of percentage of insurance, insurance during the period from2012Years6Month29Zero hour up to2013Years6Month28Twenty-four check.

2012Years11Month19Day11When the10So, the kingXX(holdC1C) driving SuF71W55Number of small ordinary passenger cars, alongXXCountyX205The line from north to South on to4KM+300MRoad, encountered outsider MouXDriveXX091633Number of electric bicycles from east to west across the road accidents, causing two car damage, MouXDied on the spot. After theXXCounty Public Security Bureau Traffic and Patrol Police Brigade made traffic liability certificate, that KingXXBear the main responsibility for the accident, MouXSecondary responsibility for the accident.

2013Years1Month30Day,XXThe county traffic accident damages people's Mediation Committee for mediation, the kingXXAnd the victim MouXThe family reached an agreement:1, MouXFuneral expenses22993.50Yuan, death compensation64830Yuan, was dependent for living expenses38465Yuan, processing accident and lost wages1500Yuan, loss of property charges1500Yuan, transportation costs400Yuan, mental solatium4Million yuan, total169688Element;2Consultations between the two sides by the kingXXTotal compensation (including cross strong insurance compensation) MiuXFamily members20Million yuan. On the same day, the kingXXThe MOUXFamily members to pay compensation20Million yuan.

In the trial, the kingXXAdvocates of MouXFuneral expenses22993.50Yuan, death compensation64830Yuan, processing accident and lost wages540Yuan, loss of property charges1000Yuan, transportation costs400Yuan JisuF71W55Ordinary passenger cars, small loss4100Yuan, both sides have no objection.

Find out the other, the MOUXMother XuXShang Jian, was born in1917Years8Month20Day, miuXThe only support one.

The court held that, an outsider Yu Guojiang SuF71W55Number of small ordinary passenger cars to the life insuranceXXThe company insured motor vehicle compulsory insurance and commercial insurance, a motor vehicle insurance contract, is the true meaning of the parties, the contract is valid. The kingXXHoldC1"Driving the insured vehicle traffic accidents, which has legal driver's identity, and it has the people's mediation agreement to fulfill the obligation of compensation,Therefore, the vehicle has insurance interest,Have the right to life insurance in the insurance contractXXThe company advocates of accident insurance indemnity. Now the kingXXAdvocates of MouXFuneral expenses22993.50Yuan, death compensation64830Yuan, processing accident and lost wages540Yuan, loss of property charges1000Yuan, transportation costs400Element has no objection, which shall be confirmed. The kingXXMental solatium claim, comprehensive consideration, according to the degree of the infringer fault tort consequences and the violator's economy ability, mental solatium support as appropriate3Million yuan. The kingXXClaims to be dependent for living expenses, because the victim wasXMother XuXShang Jian, MiaoXThe only maintenance department,MouXAlthough age60Years of age, but the law does not stipulate the aged60Years old or disabled children should not perform maintenance obligations of parents,The life insuranceXXCompany defense the MOUXHas more than60Years of age, it does not have the ability to support his mother, was dependent for living expenses shall not support the claim shall not be supported.

To sum up, that heXBecause of the traffic accident economic loss: funeral expenses22993.50Yuan, death compensation64830Yuan, processing accident and lost wages540Yuan, loss of property charges1000Yuan, transportation costs400Element,The cost of living dependency38465Element,Mental solatium3Million yuan, total158228.5Element, wherein the cross strong insurance part11.1Million yuan (death, disability11Million, plus the loss of property1000Yuan), beyond the cross strong insurance limit range47228.5Element. For the kingXXDriving motor vehicle, and the stranger MouXDriving is a non motor vehicle, according to the traffic accident responsibility confirmation of, should identify the kingXXFor the accident loss80%Responsibility, it should be beyond the compulsory insurance within the scope of compensation MouXFamily members37782.8Yuan (47228.5*80%=37782.8Yuan). Because of the vehicle to the life insuranceXXCompany for third party liability insurance, the insurance limit20Million yuan, and the insured irrespective of percentage,Therefore, life insuranceXXThe company shall pay the kingXXThird party liability insurance indemnity37782.8Element. On the vehicle the suF71W55Loss of vehicles, mini bus4100Yuan, life insuranceXXThe company has no objection, which shall be confirmed. Therefore, life insuranceXXThe company shall pay the kingXXInsurance indemnity152882.8Yuan (including compulsory insurance11.1Million yuan, third party liability insurance37782.8Yuan, the vehicle damage insurance4100Yuan).

Accordingly, the trial court in accordance with the "people's Republic of China Insurance Law" article fourteenth, article seventeenth, article twenty-third, "contract law of the people's Republic of China" the first paragraph of article sixtieth, "the seventy-sixth regulation of the people's Republic of China Road Traffic Safety Law", make such as judgment: one, life insuranceXXThe company in ten days after the verdict to pay the kingXXInsurance indemnity152882.8Element. Two, rejected the kingXXOther claims. If no time limit specified by 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 fee3544Element, by charging1772Element, by the kingXXBurden102Yuan, life insuranceXXThe burden of the company1670Element.

The appellant life insuranceXXThe company refuses to accept the trial court, appealed to the present court said: first, the stranger MouXMother has95Years old, according to the provisions of the Nantong City Hall, monthly100Yuan subsidy, so its a source of life; MouXDeath is74Years old, shall be deemed to lose labor ability, no ability to support its parent. The MOUXThe mother should not claim to be dependent for living expenses. Two, to the suF71W55Loss of vehicles, vehicle, the appellee KingXXWith the MOUXFamily consultation is not deducted from the third party shall bear the loss of vehicles share, should be regarded as its own claims to give up, not to the appellant advocate full claims. According to the agreement the insurance contract should only bear70%Liability to pay compensation. To sum up, request the court of second instance to rescind the original judgment, the judgment shall be amended according to.

The appellee KingXXThe respondent said: the trial that the facts clearly, correctly applies the law, legal proceedings. Request the second instance court dismissed the appeal, upheld the.

The court examined: the court to ascertain the facts of the case, both parties have no objection, the court shall confirm.

The parties recognize the second induction, disputes:The MOUXIf the mother of maintenance should be brought into the scope of insurance; loss of vehicles should be paid in accordance with the proportion of accident.

The MOUXIf the mother of maintenance shall be included in the scope of insurance claims. The opinion of this court, the Supreme People's court "on hearing personal injury compensation case applicable legal interpretation" provisions of article seventeenth, the death of the victim, the obligation of reparation in addition to compensation in accordance with the rescue treatment of medical expenses, should also be compensation has been dependent for living expenses, death compensation costs. The provisions of article twenty-eighth, dependency is defined as being the victim should bear the support obligation in accordance with the law of minors or disabled and no other adult living near relatives. In this case,MouXMother over nine years, has lost the ability to work, and no other source of income, which belongs to the calculation is dependent for living expenses should be above the judicial interpretation of the situation.The appellant life insuranceXXThe company said the appeal, MouXMother according to the provisions of the monthly100Yuan subsidy, a source of life, therefore, should not calculate the cost of living dependency. In this regard, we think, first of all the life insuranceXXThe company did not provide evidence of MouXMother has received government subsidies, then even if the received the subsidies, in the current price level cases, monthly100Yuan subsidy cannot maintain the MOUXBasic life mother needs, so heXThe mother is still no source of dependents.As for the life insuranceXXThe company said the Mou appealsXHe has attained the age of74Years old, shall be deemed to lose labor ability, therefore, should not calculate the grounds of appeal was dependent for living expenses,Because it is a legal obligation of the children to support parents help obligation, not required by law to reach a certain age children can be exempted from duty, so life insuranceXXThe company was established not the grounds of appeal.

About the loss of vehicles should be in accordance with the proportion of accident compensation.The vehicle damage insurance belongs to property insurance, property damage or economic loss compensation incurred by the insured for the sole purpose of the insurance, and therefore should be strictly apply the principle of damage compensation, namely insurant suffers because of insurance accident loss should be full compensation, the insured in the economic recovery to the insurance before the accident state.The insurance clauses of the contract to be the loss of vehicle insurance compensation according to the proportion of accidents, in violation of the principle of indemnity.In addition, according to the agreement will lead to the insured illegal, should bear responsibility for the accident will get compensation, and abide by the law, not negative accident responsibility but not to the compensation, the agreement contrary to social morality, not in conformity with the principle of public order and good customs. ThereforeInvalid on the vehicle damage proportional liability accident compensation clauses in vehicle damage insurance.Life insuranceXXThe company claims to bear corresponding liability for compensation according to the proportion of liability accident claims can not be established. Life insuranceXXCompany to assume responsibility for compensation for the loss of the vehicle, with the right side should bear part of the third to the third party recovery.

To sum up, the life insuranceXXThe grounds of appeal, are not tenable. The court made the judgment is correct, should be maintained. In accordance with the "PRC Civil Procedure Law" article 170th (a) the provisions of item, the decision as follows:

Dismiss the appeal and upheld the original sentence.

The second case acceptance fee3544Element, by the appellant Chinese life insurance Limited by Share LtdXXCounty branch burden.

This judgment is the final judgment.

(this page Wu Zhengwen)

Chief justice Ma Xiaochun

Judge Dai Zhixia

Acting judge Jiang Jianghua

Two, one three September 9th

The clerk Li Xiaoqing

Attached the relevant legal provisions:

"PRC Civil Procedure Law" article 170th the people's Court of second instance cases on appeal, after hearing, respectively according to the following circumstances: (a), the original judgment, ruling that the facts are clear, the correct application of law, the decision, ruling rejected the appeal, upheld the original verdict, ruling; (two).......