Vehicle repair process in suddenly reversing to repair people died, is a motor vehicle traffic accident or accidents?

2012Years5One morning in October, Liu will own engine oil leakage of the tractor into the town of Zongyang Wang repair the slow lane factory door stop, at this time, the gear in the reverse condition, key not pull the hand brake, not pull, Liu's mobile phone rang, Liu hurried to get off, the car to a king a repair, oneself go to one side to pick up the phone. Wang Mousui repair, repair the vehicle suddenly start to reverse the car being repaired, the car Wang rolled over, and more by the roadside flower bed onto the road, Liu Mou sees that rushed to the car to car flameout. Wang after rescue invalid death. After the accident, Liu and Wang family reached compensation for funeral expenses3Million agreement, Wang relatives may not be the thing to Liu claim.

2012Years7Month11Peoples Insurance Company of China Zongyang branch, surnamed Wang wife and parents and children, one paper indictment Liu and vehicle insured sue to the court, requested the two defendants according to motor vehicle traffic accident liability bear half the responsibility, ordered the two defendants to the plaintiff compensation for the five compensation for death, funeral expenses, living expenses, mental injury solatium21Million yuan.          

There are several different opinions in the court case review: the first view: This is the contract dispute nature of the case, Wang as the contractor, in the performance of the contract in the process of injured; the second view: This is a motor vehicle traffic accident liability disputes, while the vehicle is parked in repair the factory gate when the accident, cause not in the usual sense on the highway, but the vehicle automatic reverse caused Wang death, can be identified as motor vehicle traffic accidents; the third view: This is a case of accident, the parties themselves have no Caution! Cause; the fourth view: This is life together right disputes typical, reason is the vehicle parked in the garage casualties, instead of running on the road traffic accidents occur, after the accident the traffic police department also did not agree to the traffic accident case mediation; in consultation with leaders and the views of various parties, shall be filed to dispute the right of life. The court verdict Peoples Insurance Company of China Zongyang branch for the economy in the five strong insurance limits to pay the loss11Million yuan, dismissed the plaintiff other claims. The parties after the verdict, were sentenced to serve, played a good social effect and legal effect.