[Case]
Plaintiffs: Zheng Yue Li, Zheng Jinhai, Zheng Jinbiao, Zheng Jinping, Zheng Yunhong.
Defendants: Yan Jingqiu, Yan Jingshan,
At 14:00 on October 30, 2006, Yan Jingshan called his brother, Yan Jingqiu, at school, and asked him to go to the exit of the Ninglian Expressway to pick up his uncle's brother, Yan Lei. Yan Jingqiu drove a two-wheeled motorcycle owned by Yan Jingshan, No. Su HPM564, to pick him up, and on the way back, he hit Zeng Zhaolan, a relative of the plaintiff, who was crossing the highway on foot, injuring Zeng Zhaolan. Lianshui county public security bureau traffic police brigade investigation after the accident, found that yan jingqiu bear full responsibility for the accident, zeng zhaolan is not responsible. Zeng Zhaolan was sent to Lianshui County Hospital of Traditional Chinese Medicine for treatment on the same day after her injury, and was diagnosed with right frontotemporal lobe cerebral contusion injury and right frontotemporal lobe subdural hematoma. She was hospitalized for 25 days, and continued treatment in the village health office after discharge, spending 41,153.23 yuan in medical fees. Later died on December 25, 2006 after medical treatment failed. Yan Jingqiu was sentenced to one year and six months of imprisonment for the crime of traffic accident.
Yan Jingqiu drove the two-wheeled motorcycle No. HPM564, owned by the defendant Yan Jingshan, which was not insured for compulsory insurance and third-party liability insurance. Yan Jingshan home alone, Yan Jingqiu and his did not live together, the deceased Zeng Zhaolan May 2, 1934 was born. Plaintiff Zheng Yue Li Department of the deceased Zeng Zhaolan husband, plaintiff Zheng Jinhai, Zheng Jinbiao, Zheng Jinping Department of the deceased Zeng Zhaolan's son, plaintiff Zheng Yunhong Department of the deceased Zeng Zhaolan's daughter.
Zheng Yue Li, Zheng Jinhai, Zheng Jinbiao, Zheng Jinping, Zheng Yunhong claim, at 14:00 on October 30, 2006, the defendant Yan Jingqiu driving borrowed from the defendant Yan Jingshan's car number for the two-wheeled motorcycle No. 苏HPM564, along the Su 235 line driving from south to north, in Zhu code Street, the plaintiff's relatives on foot across the highway Zeng Zhaolan, Zeng Zhaolan injuries, died of ineffective treatment. Requirements: 1, order the defendant yan jingshan to bear the traffic insurance limit of death compensation 50000 yuan, medical expenses limit of 8000 yuan, a total of 58000 yuan. 2, order the defendant yan jingshan to bear more than the limit of traffic insurance outside the scope of the medical expenses of 33153.23 yuan, death compensation of 2317 yuan, funeral expenses of 11,891 yuan, moral consolation 50,000 yuan, transportation costs 380 yuan, hospital meal allowance 468 yuan, nursing fee 2160 yuan, total 100369 yuan, the defendant yan jingqiu bear joint and several liability. 3, bear all the litigation costs.
The defendant Yan Jingqiu defense, agreed to take responsibility for compensation in accordance with the size of the responsibility.
The defendant Yan Jing Shan argued, Yan Jing ball is in the case of the defendant Yan Jing Shan did not know the use of its motorcycle, Yan Jing ball has the qualification to drive a motorcycle, the traffic accident with the defendant Yan Jing Shan has nothing to do with the plaintiff does not agree to compensate for the loss.
[Trial]
Lianshui County People's Court of Jiangsu Province, after hearing that the citizen's right to life and health is protected by law. Violation of the citizen's body caused injury, in accordance with the law shall bear the corresponding liability. Yan Jingqiu drove Yan Jingshan's two-wheeled motorcycle, No. HPM564, in a traffic accident that injured Zeng Zhaolan, who died after medical treatment. Yan Jingqiu drove an uninspected two-wheeled motorcycle with unqualified brakes, did not wear a safety helmet while driving, and did not pass under the principle of ensuring safe and smooth traffic, and should be held fully responsible for the accident. However, because the vehicle driven by Yan Jingqiu was owned by Yan Jingshan, and he did not fulfill his legal obligation of taking out compulsory insurance, Yan Jingshan should bear the responsibility of compensating the victim within the limits of the compulsory insurance without any fault. The plaintiff's loss exceeds the limit, should be Yan Jingqiu according to its responsibility for the accident compensation. The two defendants are brothers, before the accident, the defendant yan jingshan in the school called yan jingqiu, let it to ninglian highway exit will be uncle brother yan lei pick up this fact, can be presumed that yan jingqiu driving his motorcycle, yan jingshan is aware of it. In addition, Yan Jingshan's home alone, Yan Jinghou did not live with him, Yan Jinghou received Yan Jingshan's phone call without the consent of Yan Jingshan and his family to ride Yan Jingshan HPM564 two-wheeled motorcycle to pick up the person is obviously contrary to common sense, so it should be determined that Yan Jinghou driving Yan Jingshan motorcycle by Yan Jingshan agreed to drive a motorcycle for the nature of the borrowing. Yan Jingshan, the owner of the vehicle, lent Yan Jingqiu a two-wheeled motorcycle with uninspected and unqualified brakes, which was a potential safety hazard and caused a traffic accident, so he should be held jointly and severally liable for compensation. Therefore, the court did not accept Yan Jingshan's argument that Yan Jingqiu used his motorcycle without his knowledge, that Yan Jingqiu was qualified to drive a motorcycle, and that the accident had nothing to do with the defendant Yan Jingshan. The law provides that, the victim suffered personal injury, the compensation obligation shall be compensated for the expenses incurred for medical treatment and the reduction of income due to lost labor. If the victim dies, in addition to the compensation for the above expenses, the compensation obligation shall also compensate for funeral expenses and living expenses of the dependents. The plaintiff's claim for death compensation of 52,317 yuan, funeral expenses of 11,891 yuan, hospitalization meal allowance of 468 yuan, the plaintiff and the defendant did not dispute, should be found. Zeng Zhaolan's medical expenses amounted to RMB 41,153.23 (of which RMB 34,154.63 was spent at Lianshui County People's Hospital, and RMB 6,998.60 was spent at GaoTai Village Health Office, ZhuYi Town, Lianshui County). The defendant to Zeng Zhaolan in the village health center with 6998.60 yuan of medical expenses raised objections but did not request forensic identification, so the defendant's objection is not admissible. On the spiritual damage consolation money, the plaintiff's relative zeng zhaolan died in a traffic accident, to the plaintiff's spirit caused some harm, but the defendant yan jingqiu was sentenced to imprisonment for one year and six months for the crime of traffic accidents. According to the relevant judicial interpretation, the compensation obligor yan jingqiu was held criminally liable, no longer compensate for mental damage consolation money. Defendant yan jingshan will brake unqualified, there is a safety hazard of the vehicle lent to yan jingqiu use, traffic accident caused zeng zhaolan death, there is fault, to the plaintiff's spirit caused some harm, yan jingshan as the subject of the compensation obligation, according to the law should bear the mental damage consolation money. Combined with the consequences of the tort, the local average standard of living, the age of the deceased and other factors, this discretionary mental damage consolation money for 10000 yuan. Transportation costs according to the victim and his necessary escort for medical treatment or transfer to the hospital for treatment of the actual costs, the plaintiff claimed that the transportation costs of 380 yuan, and provide the corresponding transportation bills, according to the degree of injuries Zeng Zhaolan and medical treatment, the plaintiff claimed 380 yuan of transportation costs to be determined. Zeng Zhaolan was injured on October 30, 2006, and died on December 25, 2006, *** counting 56 days, the plaintiff claimed that the nursing fee of 2,160 yuan did not violate the provisions of the law, should be supported. In summary, the plaintiff's losses totaled 118,369.23 yuan, should be compensated by the defendant yan jingshan in the traffic insurance limit of 58,000 yuan, and compensation for the plaintiff's mental damage consolation 10000 yuan. Defendant yan jingqiu is responsible for compensation of 50369.23 yuan, defendant yan jingshan on yan jingqiu compensation of 50369.23 yuan bear joint and several liability. After mediation was unsuccessful, according to Article 128 of the Chinese People's *** and National Civil Procedure Law, Article 106(2) and 119 of the General Principles of Civil Law of the People's Republic of China, Article 17 of the Road Traffic Safety Law of the People's Republic of China, Article 2 of the State Council's "Regulations on Compulsory Insurance of Motor Vehicle Liability for Traffic Accidents", and the "Interpretation of Several Issues on the Application of Law in the Trial of Cases of Personal Damage" by the People's Court, the defendant Yan Jingqiu was responsible for compensating 50,369.23 yuan. Interpretation of certain issues on the application of law" article 17, 19, 21, 22, 23, 27, 29 and "jiangsu province road traffic safety regulations" article 52 of the provisions of the judgment: a, the defendant yan jing shan in the judgment came into force within 10 days after the compensation for the plaintiffs zheng yue li, ZhengJinHai, ZhengJinBiao, ZhengJinPing, ZhengYunHong medical expenses, death compensation 58000 yuan, moral damage compensation 10000 yuan, total 68000 yuan. Second, the defendant yan jingqiu in the judgment within 10 days after the entry into force of the plaintiff zheng yueli, zheng jinhai, zheng jinbiao, zheng jinping, zheng yunhong medical expenses, death compensation, funeral expenses, hospital food subsidies, nursing care, transportation costs amounted to 50369.23 yuan. Defendant Yan Jingshan joint and several liability. Third, the plaintiff's other claims are rejected. If you fail to fulfill the obligation to pay money within the period specified in this judgment, you shall pay double the interest on the debt for the period of delayed performance in accordance with the provisions of Article 229 of the Chinese People's **** and National Affairs Procedure Law. Case acceptance fee 3470 yuan, the defendant yan jingqiu burden 1170 yuan, the defendant yan jingshan burden 1250 yuan, the plaintiff zheng yueli, zheng jinhai, zheng jinbiao, zheng jinping, zheng yunhong **** the same burden 1050 yuan.
After the judgment of the first instance, Yan Jingqiu and Yan Jingshan were not convinced of the judgment, and appealed to Huai'an Intermediate People's Court. The main reasons for Yan Jingqiu's appeal were: 1) the appellant Yan Jingqiu drove his motorcycle without Yan Jingshan's consent, which should be regarded as stealing other people's vehicles, and the original trial found that it was a borrowing error; 2) the appellant did not flee after the traffic accident, and the public security authorities also found that Zeng Zhaolan crossed the road, so the appellant should not bear the full responsibility for the accident; 3) the original trial, for the appellant's compensation responsibility, ruled that Yan Jingshan was jointly and severally liable, which had no relationship with the facts and the public security authorities. No factual and legal basis. 4, zeng zhao lang in the village health office with 6998.60 yuan of medical expenses are forged, which should be transferred to the public security organs to investigate and identify the reasonableness of its medication.
Yan Jingshan's grounds of appeal are basically the same as Yan Jingqiu.
The appellee Zheng Jinhai, Zheng Jinbiao, Zheng Jinping, Zheng Yunhong did not make a written defense.
The Huai'an Intermediate People's Court held that Yan Jingqiu, Yan Jingshan as a brother, Yan Jingshan's motorcycle parked at home, Yan Jingqiu driving license, and Yan Jingshan call Yan Jingqiu to pick up, Yan Jingqiu driving his motorcycle is not against his will, so the original trial found that this is borrowed and is not inappropriate. Yan Jingqiu did not protect the scene after the accident and did not report to the police in time, which made it impossible to determine the responsibility of the accident, and he should be held fully responsible for the accident. Although the accident was caused by Yan Jingqiu, Yan Jingshan, as the owner of the vehicle, lent Yan Jingqiu a two-wheeled motorcycle that had not been inspected and whose brake was unqualified, posing a potential safety hazard, and caused the accident, and Yan Jingshan was also at fault, and therefore should be jointly and severally liable for the compensation Yan Jingqiu should have borne. After the deceased Zeng Zhaolan was discharged from Lianshui County Hospital of Traditional Chinese Medicine, she did not recover and objectively still needed to continue her treatment, and her medical expenses in the village health office were necessary, and the village health office and its affiliated health center had explained the reason for not issuing invoices for medication, so the authenticity of the medical expenses was confirmed, and the reasonableness of the medication was confirmed, in view of the fact that the appellant did not agree to appraise the issue at the second trial, and therefore, there was no evidence to show that there was unreasonable use of medication. There is no evidence to show that there is unreasonable use of medication, the $6,998.60 medical fee should also be recognized. In conclusion, the appellant Yan Jingqiu, Yan Jingshan's reasons for appeal can not be established, according to the law should be maintained. In accordance with the "Chinese people's *** and national civil procedure law" article 153, paragraph 1 (1) of the provisions of the judgment: reject the appeal, affirm the original judgment.
[Commentary]
The main focus of the case is whether Yan Jingqiu stole the Yan Jingshan two-wheeled banner car, as well as the responsibility for the accident, the liability, the village health office medical fee determination
On the Yan Jingqiu driving Yan Jingshan motorcycle is borrowed, although there is no direct evidence to show that the Yan Jingqiu had explicitly to the Yan Jingshan proposed to borrow, but the Yan Jingqiu, Yan Jingshan, as a brotherhood. Although there was no direct evidence to show that Yan Jingqiu had explicitly proposed to Yan Jingshan to borrow, Yan Jingqiu and Yan Jingshan were close brothers, Yan Jingshan's motorcycle was parked at home and Yan Jingqiu had a driving license. From the common sense point of view, as long as Yan Jingshan had not explicitly refused to borrow, Yan Jingqiu drove Yan Jingshan's motorcycle, which was ipso facto regarded as an act of borrowing and Yan Jingshan had asked Yan Jingqiu to pick up the person on the telephone and Yan Jingqiu's driving of his motorcycle was not contrary to his will. The claim that Yan Jingqiu was stealing the vehicle, no factual basis, and obviously contrary to common sense, this court does not accept.
Regarding the responsibility of the accident, according to the relevant provisions, due to the destruction of the accident scene, resulting in the responsibility of the accident can not be determined, the motor vehicle should be responsible for the accident. Yan Jingqiu in the accident did not report to the police in time, even if it did not escape, because the responsibility for the accident can not be determined by the scene investigation, as a motor vehicle party that should be held fully responsible for the accident.
On the issue of liability, although the accident was caused by Yan Jingqiu, but Yan Jingshan as the vehicle owner will be uninspected and unqualified brake, there are security risks of two-wheeled motorcycle lending to Yan Jingqiu driving and traffic accidents, Yan Jingshan also has fault, the fault of the accident also has a certain causal link, so it should be responsible for Yan Jingqiu's liability. Jointly and severally liable.
Regarding the medical expenses of the village health center. Zeng Zhaolan from Lianshui County Hospital, after discharge, it did not recover, objectively still need to continue treatment, so its medical expenses in the village health center has a certain degree of necessity, and the village health center and its affiliated health centers on the failure to issue invoices for medication, the appellant has failed to provide sufficient evidence to the contrary, so the authenticity of the medical expenses to be recognized, for the reasonableness of the medication, in light of the The appellant did not agree to appraisal in the second trial, and its insistence on remanding the case for reappraisal by the first trial has no legal basis, so in the absence of evidence that there is an unreasonable use of medication, the $6,998.60 medical expenses should also be recognized.
Based on the above reasons, Yan Jingqiu should bear the full responsibility of the accident, Yan Jingshan should be in the traffic insurance limit for the victim to bear the responsibility of no-fault compensation, but also should Yan Jingqiu should bear the responsibility of compensation for joint and several liability. (Liu Li-wei Liu Gachong)