Hengyang court notes ｜ Dispels in the traffic accident, can the nephew ask for spiritual compensation?

On January 1, 2021, when the defendant Xiong Moumou drove a heavy warehouse grid truck to the first part of the Maduqiao Township of Fenghe Line, Qidong County, he met Xiao Moumou in the same direction. Xiao Moumou died on the spot and the vehicle was damaged.

After the accident, the traffic police brigade of the Qidong County Public Security Bureau determined that Xiong Moumou was responsible for the accident, and Xiao Moumou lived up to the accident responsibility. Because Xiao Moumou had no children, the accident was handled by the neighborhood Luo Mou. In terms of Xiong Moumou's death compensation and post -processing fees, the two parties did not reach an agreement, so Luo sued the court to ask the accident responsible party to compensate for the mental damage soothing. (Hengyang News Network reporter Tang Jiahua organized)

The court judgment: Luo Mou, the plaintiff in this case, is not Xiao Moumou's close relative, so he claims that the defendant compensates him for compensation for death compensation and mental damage. Response. The plaintiff also advocated that the defendants would compensate his funeral expenses, handling funerals for mistakes and transportation expenses for the funeral personnel. After investigation, after the accident, the defendant had paid the relevant fee of 60,000 yuan before the complaint, so the plaintiff's request for repeated claims should be rejected in accordance with the law.

Judge Pu: The focus of the dispute in this case lies in whether the plaintiff has the qualifications of litigation subjects, that is, the plaintiff can be the right holder of the case in this case. According to relevant regulations: spouse, parents, children, siblings, grandparents, grandparents, grandchildren, grandson, grandson children are close relatives. The plaintiff is the nephew of Xiao Moumou, not Xiao Moumou's close relatives.

Reporter's notes: Different compensation corresponds to different subjects and cannot be forced. May there be less accidents and warmth in the world.

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