After the tragic death of an official in a serious accident, the police fight for the money paid

This amount was paid by the police station to the man who died in the accident. Patrol T. Sourdess Sisters. In fact, because the officer was not married, the deceased’s mother had to receive compensation, but the seriously ill woman, who learned of the loss of the child, could not accept the painful loss and also passed away a month later, so the benefit went to the sister.

A terrible accident took place in the municipality of Pagėgiai, at kilometer 149 of the Kaunas-Jurbarkas-Šilutė-Klaipėda highway in 2017. January 24 At around 1:55 p.m., a Mercedes Benz Sprinter cargo van driven by Eimantas Revuck, a driver from the shipping company, collided with a Škoda Yeti police car in front of her, which had turned on lights and sound signals.

The accident occurred when a Scania truck in front of a pickup driven by Revuck decided to stop suddenly, so the shipping company driver suddenly turned left to overtake the tractor and headed into the opposite lane. The man driving a police service car after the crash. The T. Srūgis patrol died at the scene and his colleague, who was traveling with him, was seriously ill.

Police officers were involved in the accident while executing a call received at the Pagėgiai Gymnasium: here a window was broken.

The court that heard the tragic accident sentenced Birštonas resident Mr Revuck to one year and four months in prison with suspended sentences. He has already served this sentence. When the case was pending in court, the perpetrator of the accident pleaded guilty, saying that while driving, he was calling a customer with a headset for delivery, in addition to regulating the heating and listening to music.

“I saw the beacons of a police car in the distance, I thought the car was parked,” Revuck told the court. – While driving, I didn’t notice the truck stop, but when I realized it wouldn’t stop, I drove to the left side of the road and came across a police car. Everything was very fast, the steering wheel was already turned to the left, I could not do anything else “.

The court that heard the criminal case sentenced the deceased officer’s sister to 6.5 thousand. Eur non-pecuniary damages. The victim explained in court that he had lived with his brother since he was born, he had been a father to him. Although she had moved to live only a few years before her death, their home was only 200 meters away, so they continued to communicate every day.

“Our mother had an incurable disease, we both took care of her, I took care of my mother, he supported him financially,” said the victim. – We knew that my mother would not live long, we were preparing for her funeral together, they had agreed that we would lose her, but everything changed due to the sudden death of her brother. A month later, my mother also died; I lost the two closest people in a short time. “

The deceased officer worked in the police for nearly 12 years, was repeatedly promoted for good job results, and was one of the best police officers in Tauragė County. he won the contest for the best Tauragė County Public Police Officer and represented his county in the Republican contest.

After a police officer’s funeral, the Tauragė County Police paid the deceased’s sister as heir to the mother’s estate more than 57 thousand. Compensation in euros: a lump sum equal to 120 months of average salary.

“The conclusion of the official inspection recognized that officer T. Srūbys had died while performing official duties, the performance of official duties is related to an increased danger or risk to the life or health of the officer,” said the police.

And he also brought a new case against E. Revuck and the insurance company, who was found guilty of a tragic accident: the Tauragė County Police Chief Commissariat, who took them to court in a civil proceeding, indicated that the police performed social security functions. .the right to claim the person responsible for the damage.

However, the police request to sentence her to almost 60 thousand. Eur remained dissatisfied: the Lithuanian Court of Appeal announced that the police would receive only 455 euros from the insurance company. It was about the valuation of the material damage suffered by the victim, which was the amount spent per month on the maintenance of the mother by the deceased officer.

According to the judges, the police, who perform the social insurance function and have paid a lump sum (compensation) of a certain amount, have the right to claim damages in an appeal procedure, but the court is not bound by the amount of compensation. paid under public law.

“That is, the mere fact that the police station, fulfilling the function of social security, paid the sister of the deceased officer more than 57 thousand. European compensation does not mean that the court should award such an amount of damage, because the amount of compensation paid may not always correspond to the amount of damage actually caused ”, according to the judges, the amount of liability of the injured party

According to the judges, the police, when claiming damages, must prove all the conditions of civil liability: fault, wrongdoing, damage and causation, and demanding the order of more than 57 thousand. The compensation of EUR paid to the sister of the deceased police officer must show that the full amount of compensation paid has compensated for the actual damage suffered by the relatives of the deceased police officer.

The judges recognized that in the present case it is difficult to determine the exact amount of damages because both the officer and his mother are dead, which makes it difficult to prove the amount of support that the deceased officer provided to the mother.

“In view of the situation, the parties in the evidentiary process cannot be required to prove the fundamentally impossible,” said the judges, who no one disputed that he could have contributed to the mother’s maintenance.

Speaking at the time about the non-pecuniary damage suffered, the court noted that there was no doubt that the deceased officer’s mother had suffered spiritual experiences and shock as a result of the death of her son.

‘On the other hand, the police have, in a sense, the function of social security institutions and the compensation they pay for the injury or death of an official in the performance of their functions is one of the types of social security, and only personal property is protected and insured. Interest and compensation for pecuniary losses in the cases prescribed by law ”, – the judges pointed out that the jurisprudence establishes that the purpose of the benefit of the medical insurance paid by a police institution is to compensate an official for property damage caused by health injuries during official functions or other insured cases. The Constitutional Court assumes the same position, affirming that the social security institutions that have paid insurance benefits acquire the right to claim the injured party for the amount or part of the social security benefit to the extent that it compensates the injured party or their family. . Members’ property was damaged.

Therefore, according to the court, it is obvious that the purpose of the compensation paid, as a social security benefit, is not compensation for non-pecuniary damage: non-pecuniary damage to the victim (their next of kin) is not compensated by insurance compensation “.

Another lawsuit was filed in court in which the police sought compensation from the author of the accident and the insurance company for compensation they had paid to a police officer who had been seriously injured in a tragic traffic accident. The police department paid the injured officer more than 26,000. Eur – monetary compensation equivalent to the average salary of 24 months.

In this case, the court initially upheld the police action, but it was later overturned by the appeals court, which ordered the trial court to re-examine the case.