News甘肃雷诺律师事务所Case causes:
On 2011 Sept. 6th, iron one Bureau Group Fifth Engineering Company Limited Project Department (hereinafter referred to as the Fifth Engineering Company) driver Yang driving from Lanzhou to Tianshui Road, along the road to State Road 310 in case of the ice and snow road, the vehicle driver to out of control and into the opposite lane, and coming in the opposite direction by a certain Luqiao company (hereinafter referred to as the Luqiao company) driver Hu driving vehicle collision.The Public Security Bureau of Gansu Province Highway Traffic Police Corps detachment "traffic accident" that: "the parties Yang driving a motor vehicle on the road ahead of week on ice snow road, improper operation caused the accident, negative accident responsibility; parties Hu irresponsible".Luqiao company vehicle in 2010 May purchased namely first half of the year, traffic accident, Luqiao companies with Fifth Engineering Company vehicle repair and compensation after repeated consultations, to no avail, commissioned by the Institute to sue to safeguard their legitimate rights and interests.
Case:
The Luqiao company commission, appointed Liu Douwen, Tang Jianhong lawyers as agents to the courts, to request the court to order the Fifth Engineering Company repair damaged vehicles and compensation for vehicle value impairment charges and undertake litigation costs.Lanzhou City Chengguan District People's court in accordance with the law after the trial, open court, Fifth Engineering Company contends that, property compensation should be actual damage fact, already had actual amount, the amount of compensation is the guilty party, Fifth Engineering Company Luqiao company only should compensate the damaged vehicle repair costs, but not compensation value should be repeated vehicle impairment charge.
Lawyers to view:
Liu Douwen, Tang Jianhong's lawyer thinks: according to the general principles of the civil law "117th article": damaged state, collective property or the property of others, should be restoring or compensating for; if the victim suffers the loss of significant others, and the infringer shall compensate for the losses.Visible property damages the supreme principle for restitution, the principle is not only contained property appearance and function repair, also contains its intrinsic value and performance.In this case, the plaintiff company Luqiao vehicle repair damaged can continue to use, but because the objective conditions and the repair process and the influence of the vehicle, after the repair, the overall technical indicators have reached the accident before the original standard state, often appear the fault ratio, bad sealing, noise increases wait for a problem, vehicle service life, safety, comfort, driving controllability, durability and customer service quality and other aspects adversely affected, causing the vehicle performance, value derogation.This diminution in value is the car as a mechanical structure of their physical attributes of the decision, due to the impairment of value has actually occurred and exist objectively, with damage to the legal characteristics, which belongs to the civil damage.The repair vehicles and after repair of vehicles should be included in the scope of compensation for diminution in value, such ability and "restore" principle coincides with.
The results of:
Lanzhou City Chengguan District People's Court of first instance in agreeing to the lawyers based on observations, all support the Luqiao company litigation request.Fifth Engineering Company refuses to obey, to Lanzhou City Intermediate People's Court of appeal, court of Lanzhou city intermediate people court dismissed the appeal by, decision, upheld.