Hongmou, a farmer from Liushipu Town, Yingshang County, Anhui Province, bought a truck and anchored it in a transportation company in the county. On February 6, 2003, at 65438, Dong Li, a driver hired by Hong, had a traffic accident in Jingxi County, Guangxi, and Dong Li died. On March 9, 2004, the local authorities identified the cause of the accident as: the poor condition of the motor vehicle driven by Dong Li was the root cause of the accident.
After the accident, four legal heirs of the victim Dong Li filed a lawsuit for personal injury compensation. The defendant's owner, Hongmou, thinks that he did not pay attention to driving safety, and the responsibility should be borne by. The defendant, a transportation company in Yingshang County, believed that when Hongmou handled the vehicle seizure procedures, the two sides signed an agreement stipulating that all losses caused by the accident should be borne by Hongmou. Therefore, in this lawsuit, the company should not bear the responsibility.
The Intermediate People's Court of Fuyang City held that the victim Dong Li was employed by Hongmou and died while completing the work assigned by Hongmou. The car was a bad motor vehicle. According to the employer's liability for compensation to employees, the principle of no-fault liability should be implemented, even if Hong is not at fault, he should be liable for compensation. A transportation company in Yingshang, as the vehicle affiliated unit of Hongmou, agreed on the way of undertaking, but it can only produce the rights and obligations of both parties and is not binding on the outside world. Although there is no direct causal relationship between the accident and the transportation company, as the interest bearer of vehicle management and vehicle operation, the owner of the accident, Hongmou, should be jointly and severally liable for damages. Therefore, according to the law, the defendant Hongmou was sentenced to compensate the plaintiff for various losses 146438+05000 yuan. The transportation company shall bear joint and several liability for compensation. A transportation company in Yingshang refused to accept this judgment and appealed against it. Recently, it was rejected by the Anhui High Court and the original judgment was upheld.
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