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The representative of Phuong Trang Company responded to the Panel – Photo: TUYET MAI
On the morning of September 28, the 7th District People’s Court opened a lawsuit over the transport contract dispute, the lawsuit between plaintiff Nguyen Thi Thu Ha (49 years old, passenger traveling in Phuong Trang, died) and was the application is Phuong Trang passenger car joint stock company.
A passenger died in a foot amputation accident
Depending on the content of the case, On March 31, Ms. Le Thi Thu Ha and her husband, Mr. Ho Xuan Quy, rented a passenger car from Phuong Trang Company from Nha Trang to Ho Chi Minh City for a medical examination.
On the way, Phuong Trang’s passenger car collided with a tractor car in Xuan Loc District, Dong Nai. As a result, Ms. Ha was seriously injured and had to amputate part of her leg (the injury rate was around 60%).
The accident caused Ms. Ha to have long-term treatment at Nguyen Tri Phuong Hospital, Orthopedic Hospital, Cho Ray Hospital … In addition, the plaintiff said that the impact of the accident caused Ms. Ha suffer. Renal fluid retention leading to grade 4 kidney failure.
Mr. Quy believes the verdict is unreasonable
Mr. Ho Xuan Quy: Ms. Ha’s husband repeatedly contacted the Phuong Trang Company to compensate for damages, initial treatment expenses (including hospital fees, medical expenses), prosthetic fitting, travel and accommodation expenses for caregivers. However, the representatives of the Phuong Trang company did not pay compensation to his family. Therefore, Ms. Ha sued the Phuong Trang Company in the 7th District People’s Court to claim 903 million.
The Phuong Trang company said the traffic accident was the fault of the tractor. Phuong Trang Company buys accident insurance for passengers, but the insurance only covers when Phuong Trang is at fault for causing the accident. When the incident occurred, Phuong Trang Company supported Ms. Ha with VND 8.5 million.
Previously, in late 2019, the 7th District People’s Court opened the trial, but postponed it to clarify many issues. During this time, Ms. Ha still must receive treatment at the hospital. On May 20, Ms. Ha died. Ms. Ha’s family members are determined to be the heirs to the plaintiff’s procedural rights and obligations.
He only agrees to indemnify 23 million
At trial, Mr. Ho Xuan Quy reconfirmed the claim for 918 million VND, including the cost of Ms. Ha’s treatment, lost income expenses, burial expenses … Quy said after Ms. Has lost, pPhuong Trang Company did not visit his family.
Mr. Ho Xuan Quy – Photo: DEATH
Lawyers Protect Curse and Profits for Ms. Ha Said Ms Ha buying tickets and riding Phuong Trang’s car is that she has established a passenger transport contract. Therefore, the obligation to carrier means transporting a passenger from the place of departure to the correct place, on time, in the agreed vehicle in a safe manner.
In accordance with article 528 of the Civil Code of 2015, The carrier must compensate when the passenger’s health is damaged unless the damage is caused entirely by the passenger’s fault. The fault or not of the carrier is not a basis for excluding liability to compensate passengers when damage occurs.
Looking at the side Phuong Trang Company stated that it only agrees to support the additional adjustment cost for Ms. Ha is 14.6 million because Ms. Ha is a guest of Phuong Trang Company, and other parts of Phuong Trang Company do not agree to compensate. .
The Panel said The crash was caused by a tractor failure. At the same time, tThe damage must be caused directly by the illegal act.
The Panel determined that the actual damage in the case was 23 million. At trial, the Phuong Trang Company voluntarily agreed to compensate Ms Ha for 23 million. Since then, the Panel rejected all of the petitioners’ requests.
