The Case Analysis On The Body Hurt Compensation Dispute In A Car Accident Between Wu And QIU

In recent years，With the rapid growth of our economy, people’s living standardhas been improved constantly, the transportation is becoming more and moredeveloped. On one hand, the rapid increase of motor vehicles has brought us greatconvenience in our life. On the other hand, traffic accidents happen more and morefrequently accordingly, which unavoidly result in a great loss in people’s property andmental world. The damage compensation dispute afterwards become an obvious issue.While hearing these cases, the court often have to face the troublesome questions suchas who should pay for the litigation expense and so on. A slightly carelessness in theprocess may easily cause the petition, resulting in petition cases, destructing theharmony and stability of the society. This is a typical cases that would be analyzed inthis study. The disputes are as follows: the first is whether we should determine thedeath compensation for the victim Gong based on the standards of urban residents ornot; the second is whether Wu, as Gong’s wife, should get the dependents’ livingexpenses compensation or not; the third whether the Property Insurance Companyinvolved in this case should undertake the cost of litigation or not. In view ofthese controversial focus, we come to the following conclusions by deep analysis ofthe case: firstly, the death compensation should follow the urban standards but not beon the basis of the registered residence standard. Although with permanent ruralresidence identity, Gong has got housing in urban areas and for many years he hadbeen living and working there, running his own business. That’s to say, he has got theurban status for his residence and income. So, the death compensation should bebased on the urban standards; secondly, Wu should enjoy the right to get thecompensation for her living expenses. As the victim Gong’s wife, Wu has lost theability of laboring and the sources of living expenses, which indicates that she meetsthe qualifications of a dependent. Thus, she has the right to get the compensation halfof the urban standard as her living expenses; thirdly, the Property Insurance Companyinvolved in this case should undertake the cost of litigation. For this, we should notjudge according to the Traffic Compulsory Insurance Law, but follow the principlethat the party losing the lawsuit in our China should undertake the cost of litigation.Namely, the Property Insurance Company, as the losing party should undertakethe cost of litigation in this case.