The old man overturned the motorcycle heir and was sentenced to pay more than 16,000 yuan: the court fully supports the plaintiff’s request for execution within 10 days
On June 25, 2022, Mr. Chen’s motorcycle was deliberately pushed down by an old man, causing a loss of more than 16,000 yuan. The case was originally a criminal case, but it was suspended due to the death of the old man.
Afterwards, Mr. Chen filed a civil lawsuit against the old man’s heir, Mr. Zhu, demanding compensation for losses within the scope of his inherited estate. Mr. Chen’s insistence on claiming has attracted widespread attention, and related news topics have been on the hot search for many times.
Surveillance showed that the motorcycle was pushed down by Granny Lu in the same community. From the video, Granny Lu obviously did it on purpose. In court, Mr. Chen showed the WeChat chat records with the residents of the building after the incident. The residents said that Mrs. Lu had intentionally damaged property many times before.
According to the Jiefang Daily report, the court found after an investigation ex officio that Mr. Zhu was the sole heir of Mrs. Lu. Before Granny Lu died, she owned at least one set of real estate and other property under her name. However, whether in the previous mediation and coordination process, or as a defendant until now, Mr. Zhu has never shown up. In today’s (24th) court hearing, Mr. Zhu did not appear either.
After the trial, the court held that Mrs. Lu’s act of damaging Mr. Chen’s motorcycle constituted a tort, and she should bear the tort liability. The law of our country stipulates that if the infringer dies, if the heir inherits the property of the infringer, the infringed person can sue the heir and demand that the heir bear the responsibility for the tort. Mr. Zhu, as Mrs. Lu’s sole legal heir, should bear the liability for compensation within the scope of the inheritance unless he renounced the inheritance.
Regarding the compensation amount of 16,000 yuan sued by Mr. Chen, the court went to relevant agencies to investigate and verify, and believed that the maintenance price was reasonable, and confirmed it according to law. Therefore, the court made a judgment in court, requiring Mr. Zhu to compensate Mr. Chen more than 16,000 yuan within 10 days within the scope of inheritance.
Looking back on the whole incident, Mr. Chen’s rights protection did not have to be so difficult. While one-sidedly condemning the old man who toppled the motorcycle, there is another “invisible man” in this case who may be more worthy of our attention, and that is the old man’s son, Mr. Zhu. When the case entered the criminal case filing stage, the judiciary conducted an appraisal on the old man, and the results showed that the old man was indeed suffering from mental illness and belonged to a person with limited capacity for civil conduct.
Today, the court’s decision can be regarded as bringing this dispute to an end. Next, whether Mr. Zhu is willing or not, he has to fulfill his due responsibilities. For the other party, Mr. Chen, he also hopes to return to normal life as soon as possible.