|
|
|
Guilding Case No. 226 of the Supreme People's Procuratorate: Appeal Case by the People's Procuratorate of Dispute over Motor Vehicle Traffic Accident Liability (Yuan [REDACTED]song v. Wen [REDACTED]qiang and [REDACTED] Insurance Company)
|
|
检例第226号：袁某松与文某强、某保险公司机动车交通事故责任纠纷抗诉案
|
|
【法宝引证码】
|
- Legal document：
Judgment
- Judgment date：
09-25-2023
- Procedural status：
Retrial
|
|
|
|
|
|
|
|
|
|
|
|
|
| Guilding Case No. 226 of the Supreme People's Procuratorate: Appeal Case by the People's Procuratorate of Dispute over Motor Vehicle Traffic Accident Liability (Yuan [REDACTED]song v. Wen [REDACTED]qiang and [REDACTED] Insurance Company) | | 检例第226号：袁某松与文某强、某保险公司机动车交通事故责任纠纷抗诉案 |
| (SPP Case No. 226) | | 检例第226号 |
| [Keywords] | | 【关键词】 |
| Supervision over an effective civil judgment; traffic accident dispute; rewards for voluntary blood donation; not reducing the compensatory liability in a tort | | 民事生效裁判监督 交通事故纠纷 无偿献血奖励 不减轻侵权赔偿责任 |
| [Key Points] | | 【要旨】 |
| In a tort liability dispute, the reimbursement of the blood transfusion expenses obtained by the infringed dut to voluntary blood donation is a legal reward for voluntary blood donation and such reimbursement and the compensatory liability in a tort that should be borne by the tortfeasor do not arise from the same legal relationship. The reimbursement obtained by the infrnged of the blood transfusion expenses in accordance with the law shall not offset or reduce the compensatory liability of the tortfeasor. | | 在侵权责任纠纷中，被侵权人因无偿献血获得用血费用报销，属于法律对无偿献血行为的奖励，与侵权人应当承担的侵权赔偿责任，并非基于同一法律关系产生。被侵权人依法获得用血费用报销，不能抵销、减轻侵权人赔偿责任。 |
| [Basic Facts] | | 【基本案情】 |
| On January 4, 2018, a small passenger car driven by Wen [REDACTED]qiang was involved in a three-vehicle collision on a high-speed road, causing injuries of Yuan [REDACTED]song and others. It was determined by the public security and traffic management department that Wen [REDACTED]qiang should bear full liability for the accident. The vehicle causing the accident was owned by Wen [REDACTED]qiang, who has covered the compulsory traffic accident liability insurance and the third-party liability insurance for the vehicle at [REDACTED] Insurance Company. Yuan [REDACTED]song has been hospitalized for 197 days from the day when the accidence occurred to July 20, 2018, incurring medical expenses of 88,774.40 yuan, including 5,180 yuan for blood transfusion. As Yuan [REDACTED]song has donated blood a couple of times, the Office of the Citizens' Blood Donation Committee reimbursed such blood transfusion expenses of 5,180 yuan on March 14, 2018. | | 2018年1月4日，文某强驾驶小型普通客车在某高速路段发生三车相撞交通事故，致袁某松等多人受伤。经公安交通管理部门认定，文某强对此次事故负全部责任。肇事车辆属文某强个人所有，向某保险公司投保交强险和第三者责任险。事故发生后至2018年7月20日，袁某松先后住院治疗197天，产生医药费88774.40元，其中包括5180元用血费用。因袁某松此前曾多次无偿献血，2018年3月14日，贵阳市公民献血委员会办公室将该5180元用血费用报销。 |
| On October 16, 2018, Yuan [REDACTED]song filed a lawsuit with the Primary People's Court of Meitan County, Guizhou Province (hereinafter referred to as the "court of first instance") against Wen [REDACTED]qiang and [REDACTED] Insurance Company as defendants. He claimed that Wen [REDACTED]qiang should compensate him for various losses in a total amount of 358,652.98 yuan and [REDACTED] Insurance Company should compensate him for such losses within the scope of insurance coverage. The court of first instance held that Wen [REDACTED]qiang's failure to drive the car involved in the case according to the driving operation standards was the direct cause of the traffic accident and he should bear full liability for the accident. As many persons got injured in the traffic accident, the amount of compensation far exceeded the limit of indemnity of the compulsory traffic accident liability insurance. Therefore, [REDACTED] Insurance Company paid the compensation within the limit of indemnity of the compulsory traffic accident liability in proportions and the remaining shortfall shall be paid within the limit of indemnity of the third-party liability insurance. As the blood transfusion expenses of 5,180 yuan incurred in the treatment of Yuan [REDACTED]song have been reimbursed by the blood management service and thus such expenses were not included in Yuan [REDACTED]song's medical losses. The court of first instance determined that various losses to Yuan [REDACTED]song incurred from the traffic accident amounted to 354,619.88 yuan in total. In addition, the court of first instance deducted the sum of 140,000 yuan paid in advance by [REDACTED] Insurance Company. Therefore, the court of first instance ordered [REDACTED] Insurance Company to compensate Yuan [REDACTED]song 214,619.88 yuan in a lump sum and dismissed other claims of Yuan [REDACTED]song. | | 2018年10月16日，袁某松以文某强、某保险公司为被告向贵州省湄潭县人民法院（以下简称一审法院）提起诉讼，请求文某强赔偿各项损失共计358652.98元，某保险公司在保险责任范围内对该损失予以赔偿。一审法院认为，文某强未按操作规范驾驶案涉车辆系导致此次交通事故发生的直接原因，承担事故全部责任。因本次交通事故受伤人数较多，赔偿数额已远超交强险赔偿限额，故由某保险公司按比例在交强险限额内进行赔偿，剩余不足部分在第三者责任险限额内予以赔偿。因袁某松治疗产生的5180元用血费用已获得血液管理部门报销，故未将该笔费用计入袁某松的医疗费损失。一审法院认定袁某松因交通事故产生的各项损失共计354619.88元。此外，对某保险公司垫付的14万元予以扣除。据此，判决某保险公司一次性赔偿袁某松214619.88元，驳回袁某松其他诉讼请求。 |
| After the judgment of first instance was pronounced, Yuan [REDACTED]song refused to accept it, appealed to the Intermediate People's Court of Zunyi City (hereinafter referred to as the "court of second instance"), and requested the court of second instance to support all his claims. The court of second instance held that the sum of 5,180 yuan reimbursed due to Yuan [REDACTED]song's blood donation was not a loss directly caused to Yuan [REDACTED]song in the accident. So, it affirmed the judgment of first instance that such sum should not be compensated. The court of second instance conducted a reexamination of various losses claimed by Yuan [REDACTED]song and determined that various losses to Yuan [REDACTED]song amounted to 388,591.56 yuan. Therefore, the court of second instance set aside the judgment of first instance, ordered [REDACTED] Insurance Company to compensate Yuan [REDACTED]song for various losses in a lump sum of 248,591.56 yuan (with the advance payment of 140,000 yuan deducted), and dismissed other claims of Yuan [REDACTED]song. | | 一审判决后，袁某松不服，向遵义市中级人民法院（以下简称二审法院）提出上诉，请求支持其全部诉讼请求。二审法院认为，对于袁某松因无偿献血行为而获得报销的5180元用血费用，不属于袁某松因事故直接造成的损失，故维持一审法院对该笔费用不予赔付的结果。二审法院对袁某松请求的各项损失重新审查，认定袁某松的各项损失合计388591.56元。据此，撤销一审判决，判决某保险公司一次性赔偿袁某松各项损失248591.56元（已扣除14万元垫付款），驳回袁某松其他诉讼请求。 |
| ．．．．．． | | ．．．．．． |
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at:
+86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
Mobile: +86 133-1157-0713
Fax: +86 (10) 8266-8268
database@chinalawinfo.com
| |
您好：您现在要进入的是北大法律英文网会员专区，如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户，请注册并交纳相应费用成为我们的英文会员 。如有问题请来电咨询；
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com
|
| | | | | | | | |
|
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials.
|
|
| |
|
|