Shandong Province Higher People's Court
Civil Judgment
(2012)Lu Min Tizi No. 130
Applicant for retrial (defendant of the first instance, the appellant of the second instance): Weifang Center Branch of Yongan Property and Casualty Insurance Co. Residence: No. 301 Dongfeng East Street, Quiwen District, Weifang City.
Person in charge: Wang Lin, general manager.
Appointed agent: Liu Haifeng, Yongan property insurance company limited by shares, Shandong branch
Appointed agent: Wei Xin, Yongan property insurance company limited by shares, Weifang center branch
Respondent (plaintiff in the first instance, the appellee in the second instance): Chi Guohui.
Attorney-in-fact: Pan Hongming
Respondent (Defendant of the First Instance and Appellee of the Second Instance): Wang Rujiang,
Respondent (Defendant of the First Instance and Appellee of the Second Instance): Wang Shucheng
Applicant for Re-examination: Yongan Property and Casualty Insurance Company Limited, Weifang Center Branch (hereinafter referred to as "YPCIC Weifang") and the Respondent: Chi Guohui. ") and the respondent Chi Guohui, Wang Rujiang, Wang Shucheng road traffic accident personal injury compensation disputes, Gaomi City People's Court of Shandong Province in October 9, 2010 made (2010) Gaobai Minchu Zi bed 1960 civil judgment, Yongan Property Insurance Weifang Company did not accept, to the Intermediate People's Court of Shandong Province, Weifang City, filed an appeal. The court on April 1, 2011 made (2011) Weifang people's final word No. 690 civil judgment, has become legally effective. The applicant for retrial, Yongan Zaibao Weifang Company, did not accept the judgment and applied to this court for retrial. On April 18, 2012, this court made (2012) Lu Min Tizhi No. 130 civil decision, decided to mention the case for trial. The Court formed a panel to hear the case in public according to the law. The applicant for retrial, yongan zaibao weifang entrusted agent Liu haifeng, Wei Xin, the respondent Chi Guohui and his agent Pan Hongming to participate in the proceedings, the respondent Wang Rujiang, Wang Shucheng by the court of lawful summons, refused to come to the court. This case is now concluded.
Weifang Intermediate People's Court of Shandong Province, the trial found that on March 22, 2010, Wang Rujiang driving LuG88691 small ordinary passenger car along the Gaomi City, Shian Road, driving from west to east to the Haomai Road intersection left turn, and the opposite riding an electric bicycle Chi Guohui traffic accidents, resulting in injuries to Chi Guohui, damage to the vehicle. The accident was determined by Gaomi City Public Security Bureau traffic police brigade, Wang Rujiang bear full responsibility for the accident, Chi Guohui does not bear responsibility for the accident. Chi Guohui was injured to Gaomi City Hospital of Traditional Chinese Medicine treatment for 22 days. Weifang Fengcheng forensic forensic judicial appraisal commissioned by the Gaomi City Public Security Bureau Traffic Police Brigade of Chi Guohui's injuries for judicial appraisal, and on July 16, 2010 issued an appraisal report found that: Chi Guohui's degree of disability is a 10 disability, lost time at work for 60 days. Chi Guohui due to the accident losses are: medical costs 14113.75 yuan, disability compensation 35622 yuan, lost wages 2927.84 yuan, nursing costs 635.05 yuan, hospital meal allowance 66 yuan, car damage 400 yuan, appraisal fee 800 yuan, 25 yuan to see the car, 25 yuan, rescue fee, *** total 54614.64 yuan. Chi Guohui in September 3, 2010 to the trial court, claiming damages.
Also identified, Wang Rujiang driving LuG88691 small ordinary bus owner for Wang Shucheng, Wang Shucheng and Wang Rujiang Department of father and son. The accident vehicle in the Yongan Zaibao Weifang company insured motor vehicle traffic accident liability compulsory insurance, the accident occurred during the insurance period. After the accident, Wang Shucheng successively for Chi Guohui advance compensation *** count 17,383.75 yuan.
And ascertained, Chi Guohui on July 1, 2009 from Zibo Vocational College three-year college graduation, and on March 4, 2010 to Shandong. Haomai machinery science and technology co.
The former Gaomi City, Shandong Province People's Court of the first instance that Wang Rujiang driving a vehicle caused by traffic accidents, Gaomi City Public Security Bureau Traffic Police Brigade found that Wang Rujiang bear full responsibility for the accident, Chi Guohui does not bear the responsibility of the accident, the responsibility of the determination of the true and lawful to be admitted. Chi Guohui due to the losses caused by the traffic accident, Wang Rujiang should be fully compensated, because of Wang Shucheng Department of Lu G88691 small ordinary bus owner, Wang Shucheng and Wang Rujiang Department of father and son, so Wang Shucheng should bear joint and several liability. Because LUG88691 small ordinary passenger car in Yongan Zaibao Weifang company insured motor vehicle compulsory insurance, Yongan Zaibao Weifang company should be in the motor vehicle compulsory insurance limit first compensation, Chi Guohui over part of the loss or does not belong to the insurance company to compensate for the part of the loss, by Wang Rujiang, Wang Shucheng compensation. Chi Guohui due to the accident caused by the actual losses *** 54614.64 yuan, of which appraisal fee 800 yuan, car fee 25 yuan, 25 yuan rescue fee, totaling 850 yuan, should be Wang Rujiang, Wang Shucheng compensation: other losses 53764.64 yuan, by the permanent insurance Weifang company compensation. Wang Rujiang, Wang Shucheng has advanced the cost of 17,383.75 yuan, deduct 850 yuan, the balance of 16,533.75 yuan, Chi Guohui should be returned. So the judgment: 1, the defendant wang rujiang, wang shucheng joint and several compensation for the plaintiff chi guohui forensic identification fee 800 yuan, 25 yuan to see the car fee, 25 yuan, rescue fee, totaling 850 yuan (has been compensated). 2, the defendant yongan property insurance company limited by shares in weifang center branch to pay compensation to the plaintiff chi guohui 53,764.64 yuan, in the date of the entry into force of the judgment within ten days to pay off (paid off by the plaintiff chi guohui). Return to the defendant Wang Shucheng 16533.75 yuan). 3, reject the plaintiff's other litigation requests. If not in accordance with the period specified in this judgment to fulfill the obligation to pay money, should be in accordance with the provisions of article 229 of the Chinese people's *** and national civil procedure law. The interest on the debt for the period of delayed performance shall be doubled. The case acceptance fee 1346 yuan, halved 673 yuan, by the plaintiff Chi Guohui bear 80 yuan, the defendant Wang Rujiang, Wang Shucheng bear 593 yuan.
The appellant Yongan insurance Weifang company appealed, Chi Guohui disability compensation should be calculated according to the standard of rural residents; appellant should be in the traffic insurance medical 4 liability limit of 10,000 yuan within the scope of liability. Request for reversal of the original judgment.
The appellee Chi Guohui replied that he just graduated from college, disability compensation should be calculated according to the standard of urban residents. Request to maintain the original judgment.
The appellee Wang Rujiang, Wang Shucheng defense, the original trial found that the facts are clear, should be maintained. Weifang city, shandong province intermediate people's court of second instance that, wang rujiang driving lu c88691 minibus and riding an electric bicycle late guohui traffic accident, causing late guohui injury, vehicle damage, wang rujiang bear the full responsibility of the accident, late guohui does not bear the responsibility of the accident, the facts are clear, the evidence is sufficient, should be confirmed. Wang Rujiang and the accident vehicle owner Wang Shucheng should be Chi Guohui's loss of compensation. Because Wang Rujiang driving the accident vehicle has been insured by compulsory insurance, Chi Guohui's accident losses, Yongan Zaibao Weifang Company should be in the mandatory insurance liability limit first compensation. Article 76 of the Road Traffic Safety Law of the People's Republic of China does not specify that the compulsory traffic insurance shall apply sub-limit compensation, and it is not improper to order the appellant to compensate within the total limit. As a college graduate, Chi Guohui's main source of livelihood is his wage income from the enterprise, and it is not improper for the trial judgment to calculate his disability compensation according to the standard for urban residents. Appellant's appeal is not supported. The original trial found that the facts are clear, the applicable law is correct, according to the law should be maintained. Judgment: reject the appeal, affirm the original judgment. The second trial case acceptance fee of 1346 yuan, by the appellant yongan property insurance company limited weifang center branch.
Applicant for retrial, yongan property insurance weifang company to apply for retrial, according to the state council formulated "motor vehicle traffic accident liability insurance regulations" article 23, motor vehicle traffic accident liability insurance in the implementation of a unified nationwide liability limit. The liability limit is divided into death and disability compensation limit, medical expenses compensation limit, property damage compensation limit, and compensation limit for the insured who is not responsible for the road traffic accident. The liability limits of compulsory insurance for motor vehicle traffic accidents are stipulated by the CIRC in conjunction with the public security department of the State Council, the health department of the State Council, and the agriculture department of the State Council.On January 11, 2008, the CIRC issued the "Announcement on Adjustment of Liability Limits of Compulsory Insurance", with the following sub-limits: Il million yuan for death and disability, 10,000 yuan for medical expenses, and 0.2 million yuan for property damage. This provision should be used as the basis for the basis of compulsory traffic insurance claims. The trial judgment of medical expenses exceeded the medical expenses limit more than bear medical expenses 4113.75 yuan and meal allowance of 66 yuan, the above total of 4179.75 yuan. In addition, according to the provincial high court "on the issuance of the trial of insurance contract disputes on a number of issues (for trial) of the notice of article 22, is also stipulated in the sub-limit of compensation to be compensated, and request for a change in the judgment according to the law.
The court during the retrial, both parties did not provide new evidence, the facts are consistent with the original review of the facts.
This court retrial, China's insurance law, article 10 provides that "the insurance contract is the policyholder and the insurer to agree on the insurance rights and obligations of the agreement. The policyholder is the person who enters into an insurance contract with the insurer and has the obligation to pay insurance premiums according to the contract. The insurer refers to the insurance company that enters into an insurance contract with the policyholder and bears the responsibility of compensating or paying insurance premiums in accordance with the contract." Since the motor vehicle driven by Wang Rujiang was insured by Yongan Caixiang Weifang Company for compulsory motor vehicle traffic accident liability insurance, Yongan Caixiang Weifang Company should bear the liability for compensation within the compulsory insurance limit. Article 8(1) of the Compulsory Insurance for Motor Vehicle Traffic Accident Liability approved by the CIRC stipulates that "in the Chinese People's Republic of China (excluding Hong Kong, Macao, and Taiwan), the insured person in the process of using the insured motor vehicle in the course of traffic accidents, resulting in the victim suffered personal injuries or property damage, the insured person should be responsible for the damages according to the law, the insurer in accordance with the contract of compulsory insurance for traffic accidents. The insurer is responsible for compensating for each accident within the following compensation limits according to the agreement of the contract of compulsory traffic insurance: (a) the compensation limit for death and disability is RMB 110,000 yuan; (b) the compensation limit for medical expenses is RMB 1,000,000 yuan; (c) the compensation limit for property damage is RMB 2,000 yuan; ..." According to the above provisions, Weifang Yongan Weifang Insurance Co. In Chi Guohui's medical expenses within the limit of 10,000 yuan to bear the responsibility, in this case, Chi Guohui's losses are clear, Yongan Zaibao Weifang Company should bear the liability within the limit of compensation, therefore, the original judgment of Yongan Zaibao Weifang Company to bear the Chi Guohui's medical expenses of 14,113.75 yuan was found to be incorrect. On the meal allowance of 66 yuan should be borne by yongan zaibao weifang company. According to Yongan Zaibao Weifang Company and Wang Shucheng all the accident vehicles signed by the motor vehicle traffic accident liability insurance terms of Article 8 of the agreement on the compensation limit of medical expenses, including compensation for medical expenses, medical fees, hospitalization fees, hospital food subsidies. In this case, the meal allowance of 66 yuan should be part of the medical costs, therefore, in the permanent insurance Weifang company compensation for 10,000 yuan of medical costs, the 66 yuan of meal allowance should be infringer Wang Rujiang, Wang Shucheng bear the responsibility for compensation. In summary, the original trial to the compulsory insurance does not specify the implementation of sub-limit compensation on the grounds that Yongan Weifang insurance company in the total limit of compensation is improper, this court shall be corrected. For more than the compulsory insurance limit of 4179.75 yuan medical expenses should be borne by the tortfeasor Wang Rujiang, Wang Shucheng, because Wang Shucheng has advanced Chi Guohui 17,383.75 yuan, the implementation of the Wang Shucheng advances can be directly deducted from the amount. In accordance with the "Chinese people's *** and national civil procedure law" article 153, paragraph 1 (3). Article 186 of the provisions of the judgment is as follows:
I, maintain the high density city people's court of shandong province (2010) high cypress civil judgment No. 1960, the first and third and the burden of litigation costs;
Two, revoke the intermediate people's court of shandong province weifang city (2011) weifang people's final word No. 690 civil judgment and the people's court of shandong province gao mi (2010) Gao Bai Min Chu Zi No. 1960 Civil Judgment, item 2;
Third, Yongan Property Insurance Company Limited Weifang Central Branch within ten days from the date of entry into force of this judgment to pay Chi Guohui 49,584.89 yuan of compensation;
Fourth, Wang Rujiang, Wang Shucheng within ten days from the date of entry into force of this judgment, jointly and severally compensation for Chi Guohui medical expenses of 4,179.75 yuan.
If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt for the period of delayed fulfillment shall be doubled in accordance with the provisions of Article 229 of the Chinese People's **** and National Civil Procedure Law.
The second instance case acceptance fee 1346 yuan, by wang rujiang, wang shucheng burden 1000 yuan, yongan property insurance company limited weifang center branch company burden 346 yuan.
This judgment is final.
Judge Zhang Jingkai
Judge Xu Zhijie
Acting Judge Li Jinming
August 3, 2012
Clerk Tao Xinzhi
Extended reading: insurance how to buy, which is good, hand to teach you to avoid the insurance of these "pits"