Kuang Ganghong, Kuang Heng and so on with the Chongqing East can Motor Transport Co., Ltd. longevity

The first intermediate people's Court of Chongqing Municipality
Civil judgment
(2014) the final word of the Chinese and French people in Chongqing No. 03323
The appellant (plaintiff) Ganghong condition.
The appellant (plaintiff) Kuang heng.
Legal agent Kuang Ganghong (the status of the father), the identity of the same as above.
The appellant (plaintiff) Liu Huaiyu.
Common agent Tian Yeyu above three of the appellant, Christie's Chongqing lawyer.
Common agent Tian Maozheng the three appellant, Christie's Chongqing lawyer.
Appellant (defendant) Lee Insurance Company Limited, the domicile of Chongqing city Yuzhong District Zhongshan road three No. 131 Qing Long Hilton business center 35, the organization code 66642687-6.
Legal representative LuisBonellGoytisolo, chairman of the company.
Authorized agent Feng Yuan, lawyer of Chongqing Chi and chi.
The appellant (plaintiff) Liu Huaimao.
The appellant (plaintiff) Liu Huaiping.
The appellant (plaintiff) Liu Shiming.
The appellant (plaintiff) Liu Shibi.
Appellee (defendant) Chongqing Dongneng Motor Transport Company Limited, long branch, the domicile of Fengcheng Changshou District of Chongqing city streets of Phoenix Road, No. 1-3, organization code 77845268-1.
Responsible person Huang Huilun, general manager of the branch.
Agent Liu Zixiang.
Appellee (defendant) Li Gang.
Authorized agent Yu Xiuquan (Li Gangzhiqi).
Appellee (defendant) Chongqing Dongneng Motor Transport Company Limited, located in Chongqing City Economic and Technological Development Zone by the opening of Yuanyang Street Baihe District 5 building 2-5-4, organization code and 77488810-3.
Legal representative Huang Huilun, general manager of the company.
Agent Liu Zixiang.
Appellee (defendant) Hyder property insurance Chongqing branch of Limited by Share Ltd, the domicile of Chongqing District of Yuzhong city Zhongshan three road No. 128 building 14 layer investment, organization code and 663567184-0.
Responsible person Ma Gang, general manager of the branch.
The third people in the city of Chongqing Fuling LaMeiZi Group Limited, the domicile of Fuling District of Chongqing City Zhen Xi Zhen West Bridge Road No. 9, the organization code 71161046-2.
Legal representative Wan Shaobi, general manager of the company.
Attorney: Liu Yilin, lawyer of Chongqing xinyuan.
Appellant Kuang Ganghong, Liu Huaiyu, Kuang Heng, Liberty Insurance Co., the appellant and appellee, Liu Huaimao, Liu Shiming, Liu Shibi, Liu Huaiping appellee Li Gang, Chongqing east to the motor transport company limited, Chongqing Dongneng Motor Transport Company Limited, long branch, the appellee Hyder property insurance Chongqing branch of Limited by Share Ltd liability disputes motor vehicle traffic accident, the third people in the city of Chongqing Fuling LaMeiZi Group Co. Ltd. case, Chongqing Changshou District People's court made in January 10, 2014 (2012) long article 02946 civil judgment No. minchuzi method. Appellant Kuang Ganghong, Liu Huaiyu, Kuang Heng, Liberty Insurance Co., the appellant dissatisfied with the judgment, and appealed to the present court. The court formed a collegiate bench to hear the case in accordance with the law. Appellant Kuang Ganghong, Liu Huaiyu and Kuang Ganghong, Liu Huaiyu, Kuang Heng Tian Yeyu jointly entrusted agent, the appellant, Liberty Insurance Company agent Feng Yuan, the appellee Chongqing Dongneng automobile transportation Co. Ltd. and appellee Chongqing Dongneng Motor Transport Company Limited longevity branch agent Liu Zixiang, authorized agent Liu Yilin to appear in court the appellant Li Gang's agent Yu Xiuquan, the third people in the city of Chongqing Fuling LaMeiZi Group Co. Ltd. participated in the litigation, the appellee, Liu Huaiping, Liu Shiming, Liu Huaimao Liu Shibi, the appellee, Hyder property insurance Limited by Share Ltd Chongqing branch did not appear in the proceedings. The case has now been finalized.
The first instance court found, March 22, 2011 at 6:30 in the morning, the defendant Li Gang driving Chongqing A× × × × × heavy vans starting from Chongqing via Fuling to Fengdu direction along the north line of Fu Feng, a collision with a pedestrian Liu Shifang when traveling to the north line of white Fu Feng Mu Xi Bridge when rolling after Liu Shifang died on the spot, cause. The Public Security Bureau of Fuling District of Chongqing City Traffic Police Detachment patrol Third Highway Patrol brigade found that the defendant Li Gang in driving the vehicle in the process of operation is not in accordance with the provisions of the road vehicles, do not pay attention to the environment, and the vehicle overload is the cause of all this traffic accident, all the responsibility of the negative traffic accident, not responsible for Liu Shifang. In May 18, 2011, by the Fuling Chongqing District human resources and Social Security Bureau found that Liu Shifang belongs to the death. On June 8, 2011, the defendant Li Gang by Chongqing city Fuling District People's court sentenced to nine months imprisonment for the crime of traffic accident, released from prison in January 6, 2012. Li Gang compensation for the families of the deceased funeral expenses and other economic losses of 50000 yuan. In June 16, 2011, Kuang Ganghong, Liu Kailun, Xue Yufang, Kuang Heng LaMeiZi group company to Chongqing city Fuling District People's court, the compensation for work-related death Liu Shifang corresponding work-related injury insurance benefits. The hospital on August 16, 2011 to (2011) by Fu Min Chu Zi No. 02614 civil judgement judgment Kuang Ganghong, Liu Kailun, Xue Yufang, Kuang Heng Liu Shifang death funeral costs 17663 yuan, a death grants 332180 yuan by the LaMeiZi group company to pay 50000 yuan for compensation (Li Gang has just red, constant condition, condition Liu Kailun and Xue Yufang have been from a one-time grants workers killed deduction), a total of 349843 yuan; and by the LaMeiZi group from April 1, 2011 monthly payment, Liu Kailun, Xue Yufang constant state pension 400.85 yuan (constant condition to over 18 years of age, Liu Kailun and Xue Yufang died so far). In September 19, 2011, its LaMeiZi group and Kuang Ganghong, Liu Kailun, Xue Yufang, Kuang Heng on the verdict reached a settlement agreement, signed the "agreement", the agreement agreed: “ Liu Kailun, Xue Yufang, Kuang, Kuang Heng Ganghong for Party A, Chongqing City, Fuling LaMeiZi Group Co. Ltd. party B. Party A Party B for the treatment of inductrial injury insurance dispute case, in the people's Court of Fuling District of Chongqing city in August 2011 16 to the law (2011) Fu Min Chu Zi No. No. 02614 civil judgment, the judgment of the first party A: Party B shall pay the funeral expenses, one-time grants workers killed a total of 349843 yuan; second: Party B monthly payment conditions (constant to 18 years old), Liu Kailun, Xue Yufang 400 pension.68 element. In accordance with the law, the loss of the plaintiff should first Hyder insurance company to compensate 110000 yuan to pay high insurance within the limits for Chongqing city Fuling District People's court has ruled the Hyder insurance company to pay high insurance within the limits of compensation for 110000 yuan to LaMeiZi group company, Hyder insurance companies no longer bear the liability in this case. Beyond the insufficient part to pay the insurance compensation for Chongqing by Li Gang, A× × × × × number of trucks in the Liberty Insurance Company, insurance third party liability insurance business, but not for non deductible, according to the provisions of the insurance contract to Li Gang any compensation in part by liberty insurance company to assume the insurance liability, franchise is 20%. For Liberty Insurance Company, not the responsibility of insurance in the commercial insurance third party liability limits, the plaintiff requested the Liberty Insurance Company Limited in the third party liability of commercial insurance within the limits of direct compensation to the plaintiff in accordance with the law, the court shall support. Therefore, Liberty Insurance Company, the plaintiff in the case of compensation for loss of 85464.54 yuan in the commercial third party liability insurance limits (106830.68 yuan × 100%× (1-20%), the defendant Li Gang compensation 21366.14 yuan. Accordingly, in accordance with the "People's Republic of China tort law" article sixth, fifteenth, sixteenth, eighteenth, forty-eighth, "People's Republic of China road traffic safety law" article seventy-sixth, "the Supreme People's Court on Several Issues concerning the application of law of compensation for damage in road traffic accident case explanation" article third, article sixteenth, "the people's Republic of China the" civil litigation law of the provisions of article 144th, the decision as follows: first, the defendant Lee insurance company limited to this decision within thirty days after the commencement of the third party liability insurance business within the limits of compensation to the plaintiff Kuang Ganghong, Liu Huaimao, Liu Huaiyu, Kuang Heng, Liu Huaiping, Liu Shiming, Liu Shi Bi for the death of Liu Shifang produced the economic losses of 85464.54 yuan (including 56830.68 yuan paid to the plaintiff, the defendant Li Gang to pay the remaining 28633.86 yuan ); two, by the defendant to compensate the plaintiff Kuang Ganghong, Li Gang, Liu Huaimao, Liu Huaiyu, Kuang Heng, Liu Huaiping, Liu Shiming, Liu Shibi because of Liu Shifang's death resulting from economic loss of 21366.14 yuan (paid); three, dismissed the plaintiff's condition, Ganghong, Liu Huaimao, Liu Huaiyu, Kuang Heng Ping, Liu Shiming, Liu Shibi Liu Huai of the Chongqing east to the automobile transportation limited company of long branch, Chongqing east to the motor transport company limited, Hyder property insurance Chongqing branch of Limited by Share Ltd's claim; four, dismissed the plaintiff's condition, Ganghong, Liu Huaimao, Liu Huai, Kuang Heng Yu, Liu Huaiping, Liu Shiming, Liu Shibi's other claims. If it fails to perform the payment of money obligations during the period specified in this decision, it shall, in accordance with the provisions of the 253rd article of the people's Republic of China Civil Procedure Law, double payment of interest on the debt during the period of delay in performance. The admissibility of the case fee charged by 1672 yuan (the plaintiff did not pay), by the defendant Li Gang burden. Limited to the effect of this decision by the defendant Li Gang directly to the hospital to pay.
Appellant Kuang Ganghong, Liu Huaiyu, Kuang Heng refused to accept the verdict and appealed to this court that: the trial court error of law, the right to request compensation for transfer to others to sue for compensation law does not allow personal injury; the court of first instance to determine the number of dependents is wrong; the content of the court of first instance the contradiction, the appellant requested tort obligation should be protected by law, the court of first instance verdict unfair. Request revocation of the original judgment shall be amended according to the law, support the appellant's mental damage solatium, death compensation, dependents living expenses, etc..
The appellant, Liberty Insurance Company, refused to accept the verdict and appealed to this court that: the case is the traffic accident caused by industrial accident, after the accident, the family of the deceased and the employment unit of Chongqing city Fuling LaMeiZi Group Ltd. reached a settlement agreement by the employer according to the industrial standards to the plaintiff compensation the employer, compensation for the families of the deceased will be related to the transfer of rights to labor units to recover, after the entry into force of the judgment of first instance of effective transfer of rights; the defendant Li Gang and east to the company shall apply to the appellant claims according to the judgment, the appellant should also be considered in accordance with the PCT verdict of the insurance contract; a trial court held that the amount of loss 523830.68 yuan, one case were prosecuted in different courts, to confirm the loss expenses is rare in accordance with different standards for the year, the case Belong to idem, requesting the court revoked the appellant to pay 56830.68 yuan compensation to the plaintiff, even if the bear should be according to the law (2012) Fu Min Chu Zi No. No. 00811 civil judgment to confirm the loss; the first instance procedure illegal. The first request for revocation by the appellant to pay the plaintiff 56830, 0); font-family: Simsun; font-size: medium; text-align: justify;
Two, 14 May 28th
Secretary Liang Duohua