Scavengers bus fell injured bus company was sentenced to bear responsibility

Updated: October 20, 2015  Views: 25

65-year-old Land Management Act for the bus to pick up a plastic bottle from the back door of the car, the vehicle actuation of Land Management Act fall injuries. To ask for compensation, the bus company Land Management Act will be taken to court, the final court decision loss to Land Management Act of bus companies bear 70% liability.

Pick up waste accidentally injured eight serious consequences disabled

September 30, 2014 at 17 pm, Zhenjiang City, a bus lines into the terminal, passengers have to get off. To be completed passengers to get off, the car continued to close the car door with the station, 17:47, the vehicle stops front and open the back door, through the front door after another passenger on the bus 47 minutes and 40 seconds when .17 Xu, Zhang Guifang left hand holding a red plastic bag, walked toward the back door of the car, in the middle was observed outside the cabin after their car back door deliberately to put garbage baskets After the situation on the car with his right hand to pick up the three plastic bottles, plastic bottle in the process of picking up the vehicle at the back door is not closed under the state starts, Land Management Act back from the car fell to the ground wounded.

Land Management Act was sent the day after the injury Jiangsu University Hospital inpatient treatment, judicial appraisal of its mild traumatic brain injury caused by organic mental disorders, has constituted human injury eight disabled. Land Management Act has been peaceful street in Zhenjiang City, Taoyuan community living life relying pick up waste for a living.

Litigation legal disputes arising from the contract of carriage or relationship channel Submitted loss?

To ask for compensation, the bus company sued the Land Management Act Runzhou District People's Court, she believes that its system bus passengers, the accident occurred in the vehicle during transport, according to the contract of carriage shall any claim seeking compensation for the loss of 21 million yuan.

Bus company believes that the bus insured to pay high insurance, this case should be a motor vehicle road traffic accident disputes, underwriting insurance company should be treated as essential co-defendant, the insurance company to apply for an additional defendants in the case.

After the transfer of the bus monitor, handheld bag by Land Management Act, the car went straight to the back door, the back door was observed trash baskets situation, as well as the behavior of the car to pick up the waste, the purpose of the Department of Land Management Act on the car to pick up the waste, which is not true intentions take the bus to the destination, and therefore did not take the meaning of Land Management Act, he said the behavior of the vehicle, did not establish the contractual relationship between the two sides of road transport.

Court after hearing that the case for the general personal injury compensation disputes, the bus company the driver door is closed at undetermined premise that is driving a vehicle is running, is the main reason for the accident, the Land Management Act picking up waste in the back door of the vehicle, did not pay attention to their own off Safety is also at fault, and ultimately determine the bus company to bear 70% of the liability for loss of Land Management Act for 11 million yuan.

The judge Heli Ting said that pay high insurance contract refers to the person who is the victim of the insured motor vehicle road traffic accident suffered personal injury or property damage, but does not include persons insured motor vehicle the vehicle, the insured. Vehicle officers are refers to the body's motor vehicle safety personnel, including a person being on and off when the accident occurred, Land Management Act wastebasket in the car to pick up plastic bottles, the vehicle starts, Land Management Act in the car fell back from injuries, are being on and off staff, personnel in line with the concept of the car does not belong to the object to pay high insurance claims, should not be compensated by the insurance pay high.

The difference between the car and the vehicle outside personnel staff is relatively fixed, because the vehicle is started throwing people fell out of the car or outside the car off the course because the vehicle with other causes of injury, to pay high insurance is not responsible for compensation. Therefore, this case is not the machine EMU traffic accident liability disputes, no additional pay high insurance underwriting insurance company defendants in the case. (Source: Jiangsu Court Net)


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