Yu, a villager in Langxi County, received 1 million yuan in compensation after her husband died in a car accident. The mother-in-law and father-in-law were worried that Yu would take away the money if he remarried in the future, which led to the rigidity of the relationship between the two parties. Due to the delay in resolving the compensation dispute, the mother-in-law and father-in-law applied to the Langxi County Zuo Ge Mediation Studio for mediation, demanding inheritance of death compensation.
The traffic accident left the family grief-stricken
At about 10 o'clock in the evening on December 9, 2023, it was drizzling in Langxi, and Song Moumou was at the three-way intersection without traffic lights, walking at the zebra crossing to rush home. Suddenly, a car drove on the left, and Song Moumou couldn't dodge and collided with the car, and Song Moumou died on the spot.
The death of Song, who was only 30 years old, caused his family to suffer the grief of losing their loved ones. When Song Moumou died, he had only been married for 5 months, and his wife Yu Moumou could not accept such a tragedy. Parents white-haired people send black-haired people even more painful. The results of the traffic accident were quickly confirmed, and the driver of the car took full responsibility for the accident. The insurance company compensated Song's family for various economic losses totaling 1 million yuan.
The parents took the money to let their son settle in the ground
The parents raised their son** and lived together for 30 years. The parents borrowed money from relatives and friends everywhere, scraped together the wedding bride price of 180,000 yuan, and registered their marriage in July 2023. In order to put her son into the ground as soon as possible, the wife said that the family had no savings and could not afford to bury her husband. With the help of relatives and friends, Song's parents took money to bury their son.
Claim the right to mediate the division of damages
Since the dispute over the issue of burial expenses. The relationship between Yu and Song's family began to deteriorate, and the former family with He Meimei became enemies. Although Yu and Song have not been married for a long time, they are legally husband and wife, and they no longer live together with his parents, and they demand that all the death compensation be returned. Song's parents think: My son has lived with us for 30 years, raised ** and lent him money to get married, Yu has no conscience, and wants to monopolize the money that his son exchanged for his life, no way. In desperation, he came to Brother Zuo's mediation room to apply for mediation and asked for the division of his son's compensation.
In order to help him resolve the dispute as soon as possible, inform the parents of the deceased that Yu should reasonably receive compensation from their son, but Yu, as the legal wife of the deceased, should also receive the share of compensation due. Brother Zuo has found Yu many times, and expressed deep sympathy and condolences for the death of the deceased Song Moumou, although the death compensation is not an inheritance, after all, your husband has lived with his parents for 30 years, and he is also a direct relative of the deceased. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases, if a direct victim dies as a result of an accident, his close relatives enjoy an independent right to claim damages as indirect victims. With regard to death compensation in property, it should be in accordance with the Civil Code of the People's Republic of China: the nature of death compensation is property damage compensation, and its content is compensation for the expected income of the deceased's family as a whole. Therefore, the person entitled to compensation first refers to the close relatives within the scope of the family members living with the deceased, i.e., the first-order heirs, i.e., spouses, parents, and children, and only when the first-order heirs do not exist at all, the inheritance begins to be carried out by the second-order heirs, i.e., siblings, grandparents, and maternal grandparents.
The mediation was successful and the dispute was successfully resolved
Brother Zuo has patiently and meticulously done mediation work many times, clarified the law, reason and feelings, persuaded the parties to the dispute to be calm, and negotiated under the balance of law and reason, emotion and benefit, gain and loss in line with the principle of mutual understanding and mutual accommodation. In the end, mediation reached an agreement: after removing the funeral expenses, Yu divided 350,000 yuan. There is no objection from either party.
After the implementation of the agreement, both parties expressed their satisfaction, and so far, a dispute over the division of death compensation has been successfully resolved under the mediation of Brother Zuo's mediation room. (Huang Kaijun).
*: Xuancheng News Network.
Editor: Yanagi.