Views:0 Author:Site Editor Publish Time: 2019-03-18 Origin:Site
A rural villager selling patio dining sets was hit fatally, and its compensation standard was controversial according to whether it was in the countryside or in the town.
A villager, who sells patio dining sets in other places, can only sleep in the corridor because he can't get his temporary residence permit in time. A car owner, Mr. B, was careless in driving and crushed into Mr. A, who was sleeping in the corridor. A Jun was immediately rushed to the First People's Hospital of Taicang City for rescue, and died of ineffective rescue. After investigation, the traffic patrol police brigade of Taicang Public Security Bureau confirmed that Jun B was responsible for the accident, and demanded that Jun B and insurance company compensate for death compensation and other losses according to the standard of urban residents in Jiangsu Province. The insurance company believes that the death compensation of A Jun should be calculated according to the standard of rural residents.
The People's Court of Taicang City, after hearing, held that in the case of disputes over liability for motor vehicle traffic accidents, the calculation of disability compensation, dependants'living expenses and death compensation should be based on the actual situation of the case, combined with the factors such as the victim's residence and habitual residence, to determine whether the standard of urban residents or rural residents should be applied. In this case, although victim A Jun is a rural registered permanent residence, he was engaged in rattan trading business before, and he has lived in cities for a long time and the main source of income is cities. The corresponding compensation items should be calculated according to the standard of urban residents.
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