2065438+At around 09: 00 on September 9, 2006 1, Zhou Yaohua drove Su J ×××××××××××××× 2065438+21February 2007, and was determined by the traffic police brigade of jianhu county Public Security Bureau that Zhou Yaohua was fully responsible, while Li Shangjing was not. During the trial of this case, upon the plaintiff's application, the Judicial Appraisal Institute of People's Hospital of Sheyang County, Yancheng City was entrusted to appraise the plaintiff's injury according to law. The appraisal opinion is: Li Shang Jing suffered from a traffic accident with a grade-10 disability, the construction period was delayed 150 days, the nursing period was 60 days (two people were nursing during hospitalization), and the nutrition period was 60 days.

It was also found that the vehicle driven by Zhou Yaohua belonged to jianhu county Changsheng Machinery Co., Ltd., and the vehicle was insured with compulsory insurance in Yancheng Central Branch of China Ping An Property Insurance Co., Ltd., with a price of 6,543.8+0,000 yuan, excluding commercial third party insurance, and the accident occurred within the insurance period. After the incident, the defendant Changsheng Company paid the plaintiff 3000 yuan.

Our court believes that citizens' rights to life, health and property are protected by law. Li Shangjing, the plaintiff, was injured in a motor vehicle traffic accident and was entitled to compensation according to law. Because the defendant Zhou Yaohua was driving Su J ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× As explained by our hospital, the defendant's insurance company failed to submit the relevant audit opinions issued by the medical insurance department within the specified time, so our hospital refused to accept the insurance company's excuse. The defendant's insurance company refused to recognize the plaintiff's disability level, asked for a new appraisal, and provided relevant photos of the plaintiff's injured part to prove it. In our court's opinion, the plaintiff suffered a medial and lateral fracture of his right ankle due to a traffic accident, resulting in a loss of function of his right lower limb of more than 65,438+00%, and the basis of the injury is objective. The photos provided by the defendant's insurance company cannot reflect the activity state of the plaintiff's ankle, and no other evidence is provided to prove that the appraisal opinion is improper, so the insurance company is not allowed to apply for re-appraisal. The defendant's insurance company refused to accept the plaintiff's claim for disability compensation according to the standards of urban residents. The court found that Li Shangjing was mainly engaged in tractor transportation industry before the traffic accident, and his main source of income was non-agricultural income. Therefore, his claim for disability compensation in accordance with the standards of urban residents is in line with the law and our hospital supports it. The plaintiff claims that the hospital's food subsidy is 288 yuan, the nutrition fee is 540 yuan, the transportation fee is 500 yuan, and the appraisal fee is 13 12 yuan, which is in compliance with the law and is supported by our hospital. The plaintiff claimed that the lost time fee was 65,438+06 in 500 yuan, and our hospital supported it with reference to GA/T 65,438+065,438+093-2065,438+04 "Evaluation Criteria for Delayed Construction Period, Nursing Period and Nutrition Period of Personal Injury" and the per capita disposable income standard of urban residents in Jiangsu Province in the previous year. The plaintiff claims that the nursing fee is 7900 yuan, which is on the high side, and our hospital supports 5320 yuan as appropriate. The plaintiff claims 5,000 yuan for spiritual comfort, and our hospital supports 3,000 yuan in combination with the plaintiff's injury and accident responsibility. The plaintiff claimed a property loss of 65,438 yuan+0,000 yuan, and our court supported 800 yuan as appropriate. To sum up, our hospital determined that the losses caused by Li Shangjing's traffic accident were as follows: medical expenses 78 1 1 yuan, hospital food subsidy 288 yuan, nutrition fee 540 yuan, disability compensation 72,273 yuan, appraisal fee 13 12 yuan, and lost time 16500 yuan. Defendant Zhou Yaohua, a driver of Defendant Changsheng Company, had a traffic accident while performing official duties. Therefore, the defendant Zhou Yaohua's loss to the plaintiff beyond the insurance limit shall be borne by the defendant Changsheng Company. Accordingly, according to Article 76 of the Road Traffic Safety Law of the People's Republic of China, Articles 7, 16 and 48 of the Tort Liability Law of People's Republic of China (PRC), and Articles 17, 18, 19, 20, 21, 22 and 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases.

1. The defendant Yancheng Central Branch of China Ping An Property Insurance Co., Ltd. shall compensate the plaintiff Li Shang Jing for the loss caused by the traffic accident 107032 yuan within ten days from the effective date of this judgment.

If the payment obligation is not fulfilled within the time limit specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with the provisions of Article 253 of the Civil Procedure Law of People's Republic of China (PRC).

Second, reject the plaintiff Li Shangjing's remaining claims.

The acceptance fee of this case is 2556 yuan, the fee is 1.278 yuan, and the appraisal fee is 1.3 1.2 yuan, totaling 2590 yuan, which shall be borne by the plaintiff 260 yuan and the defendant jianhu county Changsheng Machinery Co., Ltd. 2330 yuan.

If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties, and appeal to the Intermediate People's Court of Yancheng City, Jiangsu Province. At the same time, according to the relevant provisions of the Measures for the Payment of Litigation Fees, the court shall pay the acceptance fee of the appeal case in advance.