"Son -in -law" was injured and killed, and his father -in -law and mother argued for compensation. The court judged!

"He has been in our house for more than thirty years. When he entered the time, he signed an agreement with us. My husband and wife were responsible for my husband and wife, and the compensation must be assigned to me!"

"I am his biological mother. With hard work, he raised him, and the compensation should be distributed to me!"

Native

In the court, the two ancient rare elderly people argued for a compensation. Recently, the Court of Xinhuang Dai Autonomous County in Hunan Province tried such a case that involved compensation allocation. Please see this case.

Basic case

The plaintiff Deng was born in 1935 and had three sons with two husbands. Due to the poor family, the second son, Li, married Yao in 1984, and "entered" the rural customs to Yao's house. Because Yao's parents had five daughters, and the rest of their daughters had married, Li moved the hukou to Yao after marrying Yao, and lived with Yao's parents. Li and Yao had two sons after marriage, namely Xiaoming and Xiaotian.

At 9 o'clock on May 14, 2021, Li was maintained for steel sheds for the roof of a company's factory building. During the high -altitude operation, he fell unfortunately. On May 15, 2021, Xiaoming and Xiaotian reached a compensation agreement with a company. A company's one -time compensation for Li's family members of Li's death was 820,000 yuan. After the compensation agreement was signed, the company had paid all 820,000 yuan in compensation to Xiaoming, Xiaotian and Yao. Yao only gave Li's mother Deng for 10,000 yuan in compensation.

Because Deng and Yao, Xiaoming, and Xiaotian, Deng Mou had no consensus on the amount of compensation, the plaintiff Deng Sui sued the Court of Xinhuang Dai Autonomous County Court to ask for division of the compensation. During the trial, the case was added according to the defendant's application, and the third party of the case was added in accordance with the law to participate in the lawsuit.

It was also found that when the third person of this case, the father -in -law of Li, Li, when Li "entered" Yao's house, Li and Yao's parents signed the "Men to the male to the clan and the brigade staff under the witness of the clan and the brigade staff. "The woman settled in the agreement", the agreement stipulated that Li and Yao were responsible for the birth of the old Yao and his wife. After the old Yao couple returned to the world, Li and Yao and his wife obtained the legacy of the old Yao couple. However, the above agreement was not signed by Li and Yao. The defendant Yao is now 57 years old and is mainly a housewife at home. The main source of life is the income of the deceased Li. Xiaoming and Xiaotian have become adults. The plaintiff Deng has always followed the young son's family. Li's biological father, stepfather, and mother -in -law have died. In addition, after Li's death, Yao, Xiaoming and Xiaotian spent more than 60,000 yuan. The plaintiff Deng and the defendant Yao had no objection to the compensation agreement signed by Xiaoming, Xiaotian and a company.

Referee result

After the court trial, the "Compensation Agreement" signed by the defendant Xiao Ming, Xiaotian and a company was the true meaning of the two parties. Deng and Yao had no objection to the agreement, and the agreement did not violate the mandatoryness of relevant laws and administrative regulations. It should be determined to be valid. The above compensation should actually include death compensation, living expenses, funeral expenses, etc. The plaintiff Deng, as the mother of the deceased Li, has the right to claim to divide the above compensation.

Regarding whether the third person, Lao Yao can get the above compensation, Xinhuang Court believes that the signature of the "Men to Women's Settlement Agreement" submitted by Yao did not sign a legal effect on Li, and the old man did not have legal effect, and the old old man was old, and the old old man was old, and the old old man was old, and the old old man was old, and the old old man was old, and the old old man was old, and the old old man was old, and the old old man was old, and he was an old man. Yao Yao has five daughters and five daughters have legal support obligations. Therefore, Lao Yao is not the supporter of Li in the legal sense. And because the father -in -law's father -in -law's father -in -law is not a close relative in the legal sense, he has no right to allocate Li's death compensation.

The compensation that the plaintiff Deng should receive is composed of two parts: the living fee and death compensation of the supporter. Regarding the living expenses of the supporters, referring to the relevant provisions of the Ministry of Labor and Social Security of the People's Republic of China, the relevant provisions of the Ministry of Labor and Social Security, "Regulations on the Scope of Supporting relatives due to workers' deaths", the plaintiff Deng and the defendant Yao Mou, which meets the living expenses of the supporters in this case. Deng's living expenses for the supporting person were 24,000 yuan, and Yao's living expenses were 99,000 yuan. Death compensation is an economic and spiritual compensation to the dead of the deceased or a person with a relationship. The principle of allocation should be appropriately allocated according to the tightness of life with the deceased and the dependence of the deceased.

In this case, Li's death compensation should be composed of the funeral expenses of the compensation to reduce expenditure, Deng and Yao's living expenses, that is, 63,000 yuan, and those who have the right to divide the paragraph should be the deceased as the deceased. Li's close relatives, the plaintiff Deng and the defendant Yao, Xiaoming, and Xiaotian. For the division of this model, the deceased Li has been living in the woman's home since 1984. Yao, as the wife of the deceased, has the most mental injury, and his main life comes from the income of the deceased Li. Therefore ; The plaintiff Deng was high, and it was Li's biological mother, so he could be appropriate; the defendant Xiaoming and Xiaotian were adults and should be appropriate.

Based on the above situation, the court's distribution of the above payments as appropriate is: Yao should be divided into 255,000 yuan, Deng should be divided into 140,000 yuan, and Xiaoming and Xiaotian should have 120,000 yuan each. In total, Deng's compensation was 164,000 yuan (140,000 yuan +24,000 yuan). Because the defendant Yao had paid Deng's 10,000 yuan compensation, the defendant Yao, Xiaoming, and Xiaotian should also pay Deng's 154,000 yuan compensation.

Judge

1. What are close relatives?

According to Article 1045 of the "People's Republic of China", spouses, parents, children, siblings, grandparents, grandparents, grandchildren, and grandson children are close relatives. In this case, Li's father -in -law Yao Yao does not belong to the category of close relatives. 2. What are the supporters in the legal sense?

The maintenance mentioned here is a support for support, support and narrow sense. The supporter is a minor who should bear the obligation to support the support obligations of the victim or an adult close relative who loses the ability of labor and has no source of life. If there are other supporters who are supported, the obligations of compensation only compensate the victims that should be buried according to law. If there are several people who are supported, the total annual compensation does not exceed the per capita consumption expenditure of urban residents in the previous year or the per capita annual consumption expenditure of rural residents. In this case, when Li died, his two sons were adults and there was no need to support it; Lao Yao was his father -in -law, did not belong to the category of close relatives, nor was the supported by Li in the legal sense; A wife, a husband and wife have the obligation to support each other, and Yao is already 55 years old. Life is mainly from Li and is one of the supporters, but Yao has two sons, so he was supported The living expenses also need to deduct the responsibility of support for the two sons; Deng's mother, Li's mother, is already old and is one of the supported people. Reduce the responsibility of the other two sons.

3. The calculation method of the living expenses of being supported?

The living expenses of the supporters are calculated based on the loss of labor ability of the supporter to lose their labor capacity, and the per capita consumer expenditure expenditure of urban residents and the per capita consumer expenditure standards for rural residents in the one year of the court of the court. Those who are supported as minors are calculated until the age of eighteen; those who are supported by the supporter have no ability to work or no other source of life, and calculate for 20 years. But at the age of sixty years old, every one year old decreases by one year; those over the age of 75 are calculated at five years. In this case, Yao's living expenses should be calculated for 20 years, and Deng's living expenses should be calculated in five years.

4. What does death compensation mean?

Death compensation is an economic and spiritual compensation to the deceased's close relatives or people with a relationship. The principle of distribution should be appropriately allocated according to the tightness of life with the deceased and the dependence of the deceased, not an average allocation, not an average allocation. Essence

5. What is the gift support agreement?

The premium support agreement refers to an agreement with the bearing person (also known as the supporter) and the supporter, which is based on the bearing and death and property of the property. According to Article 1,588 of the "People's Republic of China", natural persons can sign a bearing support agreement with the organization or individual other than the heir. According to the agreement, the organization or individual assumes the obligation of the natural life and death and enjoys the right to be presented. In this case, the "Male to Women's Settlement Agreement" submitted by the defendant does not belong to the bearing support agreement. The reason is that the subject signed by the agreement is Li's stepfather and Yao's parents. It involves Li and Yao's support for Yao's parents, and Yao is the heir of his parents. He has a legal support obligation. Sign a bearing support agreement.

Source: Civil Code Pu Law

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

- END -