Russia (bbabo.net), - The Eighth Court of Cassation of General Jurisdiction made a fundamentally important decision: it ordered the owner of a passenger bus to pay compensation for non-pecuniary damage to a passenger injured in an accident. Key detail: The bus driver was not at fault for the accident. But does it make it easier for the passenger?
By the way, you can no longer ask the culprit of the accident, or rather, the culprit. She died in the same accident. The tragedy happened in January 2019 in the Krasnoyarsk Territory. A woman driving a compact Japanese car flew into the oncoming lane and crashed into a bus. She died herself and killed her companion, who was sitting in the passenger seat. Everyone on the bus is alive, but injured.
There are no complaints about the bus driver. He himself is more of a victim in this situation. Nevertheless, the transport company bears a serious moral responsibility for everyone who has taken on board. And these are not just words, this is the law. Therefore, the prosecutor's office filed lawsuits in defense of the passengers of that sad flight. In one of the cases, the courts awarded a woman compensation for non-pecuniary damage in the amount of 20,000 rubles. The owner of the bus must pay.
The rest of the cases are dealt with separately. As the court of cassation explained, by virtue of the provisions of the Civil Code of the Russian Federation, "compensation for moral damage is carried out regardless of the fault of the tortfeasor in cases where the harm was caused to the life or health of a citizen by a source of increased danger." The bus is the very source of increased danger. The decision of the cassation instance emphasizes that it does not follow from the materials of the case that the fall of the passenger was due to force majeure or its intent. So bus owners should not shy away from their moral responsibility.
The culprit of the accident crashed into the bus and died. The owner of the bus will pay his passengers
Although the decision was made on a specific case, all lower instances should be guided by these legal positions. It has also become common practice to compensate passengers when drivers were careless. For example, in Volgograd, a 90-year-old passenger who fell in a trolleybus due to a too abrupt start received a compensation of 50 thousand rubles.
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