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Lu Peiji v. Huade Decoration Engineering Co., Ltd. (Case of Dispute over Returning of Insurance Compensation)

Lu Peiji v. Huade Decoration Engineering Co., Ltd. (Case of Dispute over Returning of Insurance Compensation)
(Case of Dispute over Returning of Insurance Compensation)

Lu Peiji v. Huade Decoration Engineering Co., Ltd.
(Case of Dispute over Returning of Insurance Compensation)



Plaintiff: Lu Peiji, male, 42 years old, resides at Nanjian No.32 of Wuxi City, Jiangsu Province. 原告:陆培基,男,42岁,住江苏省无锡市南尖32号。
Defendant: Huade Decoration Engineering Co., Ltd. of Wuxi City, Jiangsu Province. 被告:江苏省无锡市华德装饰工程有限公司。
Legal representative: Shi Tianrong, acting board chairman of Huade Decoration Engineering Co., Ltd. 法定代表人:施田荣,华德装饰工程有限公司代董事长。
Agent: Xu Yanqing, lawyer of Wuxi Foreign Economic Law Firm. 委托代理人:徐雁清,无锡市对外经济律师事务所律师。
With regard to the case of dispute over returning of insurance compensation, the plaintiff, Lu Peiji, filed a lawsuit against Huade Decoration Engineering Co., Ltd. with the Intermediate People's Court of Wuxi City, Jiangsu Province. This court legally formed a collegiate bench, and found upon public trial: 原告陆培基诉华德装饰工程有限公司返还保险赔偿金纠纷案,向江苏省无锡市中级人民法院提起诉讼。该院依法组成合议庭,经公开审理,查明:
The plaintiff, Lu Peiji, was a former officer of the defendant Huade Decoration Engineering Co., Ltd. The defendant concluded a group personal accidental injuries insurance contract with the People's Insurance Company of China, Wuxi Branch. The contract prescribed that: the duration of insurance coverage should commence on December 5, 1986 and expire on December 4, 1987; Lu Peiji was one of the insurants and the insured amount was 8,000 Yuan. The personal accident insurance policy clearly prescribed that, once the issues for insurance compensation occur, the insurance compensation should be transferred by the policy holder to the insurant or the beneficiary. On September 4, 1987, Lu Peiji got injured at the house of someone for private affairs, and was diagnosed as having avulsed fracture on right ulna eagle nib, and had sick leave for 88 days therefor. During this period, the defendant gave salary and labor insurance treatments to Lu Peiji (did not pay bonus). On December 19, 1987, the People's Insurance Company of China, Wuxi Branch paid the defendant insurance compensation 704 Yuan pursuant to the agreement. The compensation was calculated on the basis of days for which Lu Peiji was absent from work. The defendant did not transfer the compensation to Lu Peiji. Therefore, Lu Peiji filed a lawsuit with the court and requested the defendant to return the occupied personal insurance compensation and compensate for his losses calculated as per the 1 year fixed deposit rate of the bank. 原告陆培基原是被告华德装饰工程有限公司的干部。被告与中国人民保险公司无锡分公司签订了团体人身意外伤害保险公司。合同规定:保险期自1986年12月5日起至1987年12月4日止;陆培基是被保险人之一,保险金额8000元。人身意外保险单上载明,发生保险赔偿金事项时,保险赔偿金由投保人转交被保险人或受益人。1987年9月4日,原告陆培基因私事在他人家中跌伤,经诊断为右尺骨鹰嘴撕脱性骨折,为此休病假88天。在此期间,被告为陆培基发了工资、劳保待遇(未发奖金)。1987年12月19日,中国人民保险公司无锡分公司按协议付给被告保险赔偿金704元。此款是按陆培基停工天数核定的。被告未将此款转交陆培基。为此,陆培基向法院提起诉讼,要求被告返还被侵吞的人身保险赔偿金,并按银行1年期存款的利率计算赔偿损失。
The defendant answered that: the company purchased the insurance for the purpose of preventing its employees from accidents injuries at work and mitigating the economic losses incurred hereby. The plaintiff, Lu Peiji, enjoyed the salary, welfare and medical and other treatments during his absent from work for injuries resulted from private affairs, the company paid the insurance premium, but did not get compensation, instead the company's cost was increased, and a new unfair occasion in distribution happened, so the company should be entitled to the insurance compensation. 被告答辩称:公司为了防止职工在工作中发生意外,减轻为此产生的经济损失而投保。原告陆培基因私事受伤停工期间,享受了工资、福利、医疗等待遇,公司支付了投保费不仅没有得到补偿,反而增加了支出,造成新的分配不公,故公司享有该项保险赔偿金的权利。
Upon trial, The Intermediate People's Court of Wuxi City held: the defendant, Huade Decoration Engineering Co., Ltd., procured the group personal accidental injuries insurance for its employees, which was a welfare measure to protect its employees. Article 4 人丑就要多读书of Group Personal Accidental Injuries Insurance Clauses prescribed: “During the validity of the insurance policy, if the insurant suffered death or physical disability due to the accidental injury, the insurant shall be paid all or part of insurance compensation.” After Lu Peiji was accidentally injured, although he had enjoyed the salary and labor treatment during the sick leave period prescribed by law, he should not be deprived of the rights and interests which he should enjoy pursuant to the personal insurance contract for this reason. The defendant refused to pay Lu Peiji the insurance compensation which he should enjoy, which infringed upon the plaintiff's legal rights and interests. In accordance with the provision of Article 117 画风不对,如何相爱(1) of the General Principles of Civil Law, the defendant should be responsible for returning the insurance compensation which paid by the insurance company to the plaintiff. Hereby, this court made the following judgment on August 30, 1989: 无锡市中级人民法院审理认为:被告华德装饰工程有限公司为本单位职工投团体人身意外伤害保险,是对职工人身保护的一种福利措施。《团体人身意外伤害保险条款》第四条规定:“被保险人在保险单有效期间,因意外伤害事故以致死亡或残废的”,“给付全部或部分保险金额”。陆培基意外伤害后,虽然享有了法律规定的病假期间的工资和医疗劳保待遇,但不能因此剥夺根据人身保险合同享受的权益。被告拒不给付陆培基应享受的保险金,侵犯了原告的合法权益。依照民法通则一百一十七条第一款的规定,被告应负返还保险公司给付原告的保险赔偿金的责任。据此,该院于1989年8月30日判决如下:
The defendant, Huade Decoration Engineering Co., Ltd., should return to Lu Peiji insurance compensation 704 Yuan and interest 107.17 Yuan, which should be paid immediately upon the effectiveness of this judgment. 被告华德装饰工程有限公司返还原告陆培基保险赔偿金704元,利息107.17元。此款在判决生效后立即给付。
The court cost of 30 Yuan should be borne by the defendant. 本案诉讼费30元,由被告负担。
Upon announcement of the judgment of the first instance, both the plaintiff and the defendant did not appeal.


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