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July 29, 2015

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Relative driver must pay crash couple

A SHANGHAI couple have been awarded 410,000 yuan (US$ 66,000) compensation from a relative of the husband who was driving when they were injured in a road accident in Australia.

But the husband was also held partly responsible.

The plaintiff, surnamed Zhu, was traveling with his wife in Australia last January with a relative, surnamed Gao, and Gao’s wife, Shanghai No. 1 Intermediate People’s Court said yesterday.

It did not give the names of the men’s wives, nor say what relation Gao is to Zhu.

The couples rented a car and Zhu and Gao took turns behind the wheel. When Gao was attempting to overtake a car on the highway, he hit a barrier, leaving Zhu and his wife injured.

The report did not say where in Australia the accident occurred.

Gao was fined A$198 (US$144) in Australia for driving into the opposite lane while overtaking.

Zhu and his wife spent a few days in hospital before leaving Australia.

On returning to Shanghai, the couple sued Gao over the accident and demanded 540,000 yuan medical compensation.

In the first hearing, Shanghai No. 1 Intermediate People’s Court’s said Gao bore full responsibility and awarded Zhu and his wife 500,000 yuan. However, Gao appealed against this.

The court this week ruled that Gao must shoulder 80 percent of responsibility and pay 410,000 yuan to the couple.

But the judge also said that Zhu was partially responsible as the men took turns driving. Both should have been aware of the danger when Gao was overtaking illegally, and Zhu should have reminded Gao and helped him avoid the risk, the judge said.




 

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