Shandong Higher People's Court

paper of civil judgment

(20 12) Lu Min TiziNo. 130

Applicant for retrial (defendant in the first instance and appellant in the second instance): Weifang Central Branch of Yongan Property Insurance Co., Ltd. Address: No.301Dongfeng East Street, Kuiwen District, Weifang City.

Person in charge: Wang Lin, general manager.

Authorized Agent: Liu Haifeng, employee of Shandong Branch of Yongan Property Insurance Co., Ltd.

Authorized Agent: Wei Xin, employee of Weifang Central Branch of Yongan Property Insurance Co., Ltd.

Respondent (plaintiff of first instance and appellee of second instance): late.

Authorized Agent: Pan Hongming

Respondent (defendant of first instance and appellee of second instance): Wang Rujiang.

Respondent (defendant of first instance and appellee of second instance): Wang Shucheng.

The dispute between Weifang Central Branch of Yongan Property Insurance Co., Ltd. (hereinafter referred to as "Yongan Finance Insurance Weifang Company") and the respondents Chi, Wang Rujiang and personal injury compensation was made by the People's Court of gaomi city, Shandong Province on 201kloc-0/09 (2010). Our hospital made (20 11) Wei Min's civil judgment No.690 on April/October, 2006, which has taken legal effect. The retrial applicant Yong 'an Caibao Weifang Company refused to accept the judgment and applied to our hospital for retrial. On April 8, 20 12, our hospital made (20 12) Lu Min Tizi No. 130, decided to send it back for retrial. Our court formed a collegial panel according to law and heard the case in public. Wei Xin, the entrusted agent of Yong 'an Caibao Weifang Company, the respondent Chi and the entrusted agent Pan Hongming attended the proceedings in court, but Wang Rujiang, the respondent, refused to appear in court after being legally summoned by our court. The case has now been closed.

The Intermediate People's Court of Weifang City, Shandong Province found through trial that on March 22, 20 10, Wang Rujiang was driving a small ordinary bus Lu G8869 1 to turn left at the intersection of Haomai Road, Shi 'an Road, gaomi city, and had a traffic accident with a pool riding an electric car, causing injuries to the pool and damage to the vehicle. The accident was confirmed by the Traffic Police Brigade of gaomi city Public Security Bureau, and Wang Rujiang took full responsibility for the accident, but Chi did not bear it. After the injury, I was late for treatment in gaomi city Chinese Medicine Hospital for 22 days. Entrusted by the Traffic Police Brigade of gaomi city Public Security Bureau, Weifang Fengcheng Forensic Judicial Appraisal Institute made a judicial appraisal of the late injury, and issued an appraisal opinion on July 20 16 10, and found that the degree of late disability was 10 and the time of missing work was 60 days. The losses caused by the accident in the pool include: medical expenses1413.75 yuan, disability compensation of 35,622 yuan, lost time of 2,927.84 yuan, nursing expenses of 635.05 yuan, hospital food subsidies of 66 yuan, car damage expenses of 400 yuan, appraisal expenses of 800 yuan, car expenses of 25 yuan and rescue expenses of 25 yuan, *. Appeal to the court of first instance later than September 3, 20 10, demanding compensation for losses.

It is also found out that the owner of the Lu G8869 1 minibus driven by Wang Rujiang is a father-son relationship with Wang Rujiang. The accident vehicle was insured with compulsory motor vehicle traffic accident liability insurance in Yongan Caibao Weifang Company, and the accident occurred during the insurance period. After the accident, compensation was paid to the delay in succession, totaling 17383.75 yuan.

It is also found out that he graduated from Zibo Vocational College on July 1 2009, and went to work in Shandong Haomai Machinery Technology Co., Ltd. on March 4, 20 10.

The former People's Court of gaomi city held at first instance that Wang Rujiang's driving caused a traffic accident, and the traffic police brigade of gaomi city Public Security Bureau determined that Wang Rujiang was fully responsible for the accident, while Chi was not responsible for the accident, and the responsibility determination was true and legal. The losses caused by this traffic accident should be fully compensated by Wang Rujiang. As the owner of the ordinary passenger car Lu G8869 1 and Wang Rujiang are father and son, they should be jointly and severally liable for compensation. Because Lu G8869 1 minibus has been insured by Yong 'an Caibao Weifang Company for compulsory motor vehicle insurance, Yong 'an Caibao Weifang Company should pay in advance within the limit of compulsory motor vehicle insurance, and Wang Rujiang and Wang Rujiang should compensate for the excess loss of the pool or part of the loss that the insurance company will not compensate. The actual loss caused by the accident in the pool is 546 14.64 yuan, including appraisal fee 800 yuan, car fare 25 yuan and rescue fee 25 yuan, totaling 850 yuan, which should be compensated by Wang Rujiang; Other losses of 53,764.64 yuan should be compensated by Yongan Caibao Weifang Company. The expenses paid by Wang Rujiang and Wang Shucheng are 65,438+07,383.75 yuan. After deducting 850 yuan, the balance is 16533.75 yuan, and the pool should be returned. Judgment: 1. Defendant Wang Rujiang, jointly compensated plaintiff 800 yuan for the late forensic appraisal fee, 25 yuan for the bus fare and 25 yuan for the rescue fee, totaling 850 yuan (compensated). 2. Weifang Central Branch of Yong 'an Property Insurance Co., Ltd. paid the plaintiff a late compensation of 53,764.64 yuan, which was paid within 10 days from the effective date of this judgment (after the compensation was paid, the plaintiff returned the defendant 16533.75 yuan late). 3. Reject the plaintiff's other claims. In case of failure to fulfill the obligation to pay money within the period specified in this judgment, the interest on overdue debts shall be doubled in accordance with the provisions of Article 229 of the Civil Procedure Law of People's Republic of China (PRC). The case acceptance fee is 1346 yuan, and 673 yuan is charged at half. The plaintiff paid 80 yuan late, and the defendant Wang Rujiang paid 593 yuan.

The appellant Yongan Caibao Weifang Company appealed that the late disability compensation should be calculated according to the standards of rural residents; The appellant shall be liable for compensation within the limit of compulsory medical insurance 10000 yuan. Request to revoke the original judgment.

The appellee replied late that he was a newly graduated college student, and the disability compensation was calculated according to the standard of urban residents. Request to uphold the original judgment.

Appellees Wang Rujiang and Wang Shucheng argued that the facts in the original trial were clear and should be maintained. The Intermediate People's Court of Weifang City, Shandong Province held in the second instance that Wang Rujiang had a traffic accident when he was driving Lu C8869 1 minibus and riding an electric car, resulting in late injury and vehicle damage. Wang Rujiang took full responsibility for the accident, but not later. This fact is clear and the evidence is sufficient, which should be confirmed. Wang Rujiang and the owner of the accident vehicle shall be liable for the accident losses of the pool. Because the accident vehicle driven by Wang Rujiang has been insured for compulsory insurance, Yongan Caibao Weifang Company shall compensate the accident loss of the pool within the limit of compulsory insurance liability. Article 76 of the Road Traffic Safety Law of the People's Republic of China does not clearly stipulate that the compensation for compulsory insurance shall be limited to item, and there is nothing wrong with the original judgment ordering the appellant to pay compensation within the total limit. As a college graduate, his main source of income is his salary in the enterprise. There is nothing wrong with the original judgment to calculate his disability compensation according to the standard of urban residents. The appellant's appeal grounds cannot be established and are not supported. The original trial found that the facts were clear and the applicable law was correct, which should be upheld according to law. Judgment: the appeal was dismissed and the original judgment was upheld. The acceptance fee for the second instance case 1346 yuan shall be borne by Weifang Central Branch of the Appellant Yong 'an Property Insurance Co., Ltd. ..

The retrial applicant, Yongan Caibao Weifang Company, applied for retrial, claiming that according to Article 23 of the Regulations on Compulsory Liability Insurance for Motor Vehicle Traffic Accidents formulated by the State Council, the compulsory liability insurance for motor vehicle traffic accidents is subject to a unified national liability limit. The liability limits are divided into death and disability compensation limits, medical expenses compensation limits, property loss compensation limits and compensation limits for which the insured is not liable in road traffic accidents. The liability limit of compulsory motor vehicle traffic accident liability insurance shall be stipulated by the China Insurance Regulatory Commission jointly with the public security department of the State Council, the health department of the State Council and the agricultural department of the State Council. On June 65438+1October1day, 2008, the China Insurance Regulatory Commission issued the Announcement on Adjusting the Liability Limit for Compulsory Traffic Insurance, with the breakdown of the limit as follows: death and disability 10000 yuan, and medical expenses L10000 yuan. This provision should be used as the basis for paying compulsory insurance. The original trial ruled that the medical expenses exceeded the medical expenses limit, assuming that the medical expenses were 4 1 13.75 yuan, and the food subsidy was 66 yuan, making a total of 4 179.75 yuan. In addition, according to Article 22 of the Notice of the Provincial Higher People's Court on Printing and Distributing Opinions on Several Issues Concerning the Trial of Insurance Contract Disputes (for Trial Implementation), it is also stipulated that compensation shall be made within various compensation limits, and the judgment shall be changed according to law.

During the retrial in our hospital, neither party provided new evidence, and the facts ascertained were consistent with those ascertained in the original trial.

The retrial in our hospital believes that Article 10 of China's Insurance Law stipulates that "an insurance contract is an agreement between the insured and the insurer to stipulate the insurance rights and obligations. The applicant refers to the person who has entered into an insurance contract with the insurer and has the obligation to pay the insurance premium according to the contract. An insurer refers to an insurance company that has entered into an insurance contract with the applicant and is liable for compensation or payment of insurance benefits in accordance with the contract. " Since the motor vehicle driven by Wang Rujiang is insured with compulsory motor vehicle traffic accident liability insurance in Yongan Caibao Weifang Company, Yongan Caibao Weifang Company shall be liable for compensation within the compulsory insurance limit. Paragraph 1 of Article 8 of the Compulsory Motor Vehicle Traffic Accident Liability Insurance Clause approved by the CIRC stipulates that "in People's Republic of China (PRC) (excluding Hong Kong, Macao and Taiwan), if the insured has a traffic accident while using the insured motor vehicle, causing personal injury or property loss to the victim, the insured shall be liable for damages according to law, and the insurer shall be responsible for compensation for each accident within the following compensation limits agreed in the compulsory insurance contract: (3) The compensation limit for property loss is 2,000 yuan; ..... "According to the above regulations, Yongan Caibao Weifang Company shall bear the responsibility within the limit of 1 1,000 yuan for late medical expenses. In this case, the loss of Chi is obvious, and Yongan Caibao Weifang Company shall be liable for compensation within the compensation limit. Therefore, the original judgment was that Yongan Caibao Weifang Company should bear the late medical expenses 1, 4 1. 3. 75 yuan. Whether the food subsidy in 66 yuan should be borne by Yongan Caibao Weifang Company. According to Article 8 of Compulsory Liability Insurance for Motor Vehicle Traffic Accidents signed by Yongan Property Insurance Weifang Company and Wang Shucheng, the compensation limit for medical expenses includes compensation for medical expenses, medical expenses, hospitalization expenses and food subsidies. In this case, 66 yuan, food subsidies, should be part of the medical expenses. Therefore, in the case that Yongan Caibao Weifang Company compensated 6,543,800 yuan for medical expenses, the infringers Wang Rujiang and Wang Shucheng should also bear the food subsidies in 66 yuan. To sum up, the original trial ordered Yongan Caibao Weifang Company to make improper compensation determination within the total limit on the grounds that compulsory insurance did not clearly stipulate the implementation of sub-limit compensation, and our hospital corrected it. The medical expenses that exceed the compulsory insurance limit of 4 179.75 yuan shall be borne by the infringer Wang Rujiang and Wang Rujiang, and can be directly deducted from the advance payment of 17383.75 yuan in advance. In accordance with the provisions of Article 153, Paragraph 1 (3) and Article 186 of the Civil Procedure Law of People's Republic of China (PRC), the judgment is as follows:

1. Maintain the first and third items of the civil judgment of gaomi city People's Court (20 10) Gao Bomin Zi ChuNo. 1960 and the burden of legal fees;

Second, cancel the civil judgment of Weifang Intermediate People's Court of Shandong Province (20 1 1) Wei Min Zhongzi No.690 and the civil judgment of gaomi city People's Court of Shandong Province (20 10) Gao Bomin No.960;

3. Weifang Central Branch of Yong 'an Property Insurance Co., Ltd. shall pay compensation of 49,584.89 yuan for delay within 10 days from the effective date of this judgment;

4. Wang Rujiang and Wang Rujiang jointly compensate for the late medical expenses of 4 179.75 yuan within 10 days from the effective date of this judgment.

If the debtor fails to perform the obligation of paying money within the period specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with the provisions of Article 229 of the Civil Procedure Law of People's Republic of China (PRC).

The acceptance fee for the second instance case 1346 yuan shall be borne by Wang Rujiang and Wang Shucheng, and the Weifang Central Branch of Yongan Property Insurance Co., Ltd. shall bear 346 yuan. ..

This is the final judgment.

Presiding judge Zhang Jingkai

Judge Hsu Chi chieh.

Acting judge Li

20 12 August 3rd

Clerk Tao Xinzhi

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.