The new perspective of the case · Ba Chu | The seventh old man's court made this request, the court actually agreed?

After the 70 -year -old man was injured in a car accident, he asked for a mistake, which surprised the other party. This is the age, where is the mistake? However, the court supported the elderly's demands. What is going on?

Retrospective

In June of this year, a traffic accident in the medium -sized passenger car drove by Li, a car driving and Li, who was transported by Barchi County, Kashgar area, causing 70 -year -old passengers in the back row of cars to be injured. The traffic management department was determined that Li was responsible for the accident.

It was identified that the accident caused my uncle's seven -level disability. After 40 days of hospitalization, my uncle filed a lawsuit with the People's Court of Bachu County, Kashgar, asking Li to compensate for medical expenses, hospital food subsidies, nutritional expenses, misunderstandings, nursing fees, disabled compensation and other expenses for compensation. 10,000 yuan.

"The elderly did not work, where did the misrepresents lose?" The staff of the insurance company underwriting Li's vehicle said that he could not accept the compensation.

On the day of the trial, I submitted evidence materials such as the accident responsibility for the accident, the hospital for hospitalization, the diagnosis report, and the certification of the village committee. In the face of the misunderstanding fee of the insurance company's refusal to recognize, the elderly also provided a certificate from the village committee to prove that they cook every day to cook every day. Pick up the children to go to school and take care of their grandson daily life and other housework.

According to Article 1 of the "Supreme People's Court on the Application of Laws on the Application of Laws of Personal Damage Compensation Cases", the victim suffers from personal damage, and the compensation rights have the right to request compensation for compensation and mental damage.

"The household chores undertaken by Uncle I have supported and guaranteed the normal migrant income of other family members." Introduction to the judge of the Civil Tribunal of the Papuchu County People's Court of Bachu County, who undertakes this case, introduced it. Although there is no job, he is mainly engaged in family -oriented affairs such as children. The labor provided by the family so that other family members do not need to use foreign services to reduce the cost of family life. It is a hidden income and has economic value.

In the end, the court supported my uncle's misunderstanding request, and calculated at 60 yuan per day.

Judge remind

“老人受伤后是否有权请求赔偿误工费，不应以其有无具体收入来判断，而应以其有无劳动能力来区分。”艾尼瓦尔表示，有劳动能力但无收入的人，包括Housewives, elderly people over 60 years of age, employees, etc. Therefore, compensation for misrepresents without income victims with labor capabilities is in line with the fair principles of fairness in the Civil Code.

Source: Pomegranate/Xinjiang Daily

Correspondent: Guli Nur Ruzi

Edit: Li Ruiqi Senbaiti

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