On November 20, 2024, at the headquarters of Binh Dinh Provincial People's Court, the appeal case No. 97/2024/TLPT-DS dated October 7, 2024 regarding "Request for compensation for damage due to health infringement" was publicly heard.
Because the Civil Judgment at First Instance No. 225/2024/DS-ST dated June 20, 2024 of the People's Court of Hoai Nhon Town was appealed.
According to Decision to bring the case to appeal trial No. 184/2024/QD-PT dated November 4, 2024 between the parties:
– Plaintiff: Ms. Dang Thi Hong V, born in 1985; residing at: Quarter D, Ward H, Town H, Binh Dinh Province. Present – Defendant:
1. Ms. Cai Thi Thanh H, born in 1983; residing at: House No. C, Street N, Quarter D, Ward H, Town H, Binh Dinh Province. (with an application for absence)
2. Ms. Cai Thi D, born in 1975; residing at: Quarter D, Ward H, Town H, Binh Dinh Province (with an application for absence)
– Appellant: Ms. Dang Thi Hong V is the plaintiff in the case.
CASE CONTENT
According to the petition, the plaintiff's authorized representative, Ms. Dang Thi Hong V, stated:
At 5:30 p.m. on March 25, 2022, Ms. Cai Thi Thanh H and a woman named C Thi D went to Ms. Dang Thi Hong V's house; residing in group B, neighborhood E, ward B, and beat Ms. V in the face, nose, mouth, legs, and hands. Ms. V yelled, but Ms. H refused to let Ms. V go and called her husband to beat Ms. V, but Ms. H did not come. At around 6 p.m., she went outside and cursed Ms. V, "I will beat you to death, I will beat you to show you the scene." After that, Ms. V called her family to take Ms. V to Hospital D1 for emergency treatment and then went to S for examination. The appraisal council determined that Ms. V's disability rate caused by Ms. Cai Thi Thanh H was 5%. After that, the police decided not to prosecute Ms. Cai Thi Thanh H. Now, Ms. V requests the court to consider and resolve to force Ms. Cai Thi Thanh H to compensate Ms. V: Medicine costs during the treatment period, travel expenses for medical examination, lost income during the treatment period, income of the caregiver, compensation for mental damage of 10 months of minimum wage. During the process of resolving the case, Ms. Dang Thi Hong V requested Ms. Cai Thi Thanh H and Ms. Cai Thi D to jointly compensate her 140,975,878 VND.
In her self-declaration and during the trial, the defendant Ms. Cai Thi Thanh H stated:
On March 25, 2022, Ms. H and her sister, Ms. Cai Thi D, went to Ms. Dang Thi Hong V's house to pick up some items she left at Ms. V's house. Because Ms. V and Ms. H's husband, Mr. Dao Minh K, had an illicit relationship with each other, Ms. H warned many times but Ms. H's husband and Ms. V did not change, so there was a fight between Ms. H and Ms. V. Ms. V bit Ms. H's hand, causing injury. Regarding Ms. H's injury, she was treated, but because she wanted to keep things quiet, Ms. H refused to have it assessed and no longer kept the treatment documents. The fight between Ms. H and Ms. V did not involve Ms. Cai Thi D, and the police have also concluded this. Now Ms. V requests that Ms. H compensate for the above amounts, which Ms. V does not agree to.
Ms. H requested Ms. V to compensate Ms. H: Lost income for 5 days is 5 million VND; Compensation for tetanus vaccination, cosmetic surgery for the injured hand is 70,000,000 VND; Mental damage is 20,000,000 VND.
At the First Instance trial, Ms. Cai Thi Thanh H withdrew her counterclaim.
In her self-declaration and during the trial, the defendant Ms. Cai Thi D stated:
On March 25, 2022, Ms. D and her younger sister, Ms. Cai Thi Thanh H, went to Ms. Dang Thi Hong V's house to get something. Ms. D went into the house and witnessed her younger sister, Ms. H, talking back and forth with Ms. V and fighting with Ms. V. Ms. D intervened and hugged Ms. V and told her younger sister, Ms. H, to hit Ms. V, but her younger sister did not hit her. Therefore, Ms. V now asks Ms. D to compensate, but Ms. D does not agree.
First instance civil judgment No. 225/2024/DS-ST dated June 20, 2024 of the People's Court of Hoai Nhon town decided:
Partially accept the lawsuit request of Ms. Dang Thi Hong V. Force Ms. Cai Thi Thanh H to compensate Ms. Dang Thi Hong V 4,239,878 VND. Force Ms. Cai Thi Thanh H and Ms. Cai Thi D to jointly compensate Ms. Dang Thi Hong V for mental damage in the amount of 10,800,000 VND.
In the case of an amount of money that must be paid to the State budget for which the law stipulates an obligation to pay interest; or an amount of compensation for damages outside the contract; or in the case of delay in performing other property obligations in or outside the contract where the parties do not agree on the payment of interest, the decision shall be made from the date the judgment or decision takes legal effect (for cases where the enforcement agency has the right to proactively issue a decision on enforcement) or from the date of the request for enforcement of the judgment by the person subject to enforcement (for amounts payable to the person subject to enforcement) until the enforcement is completed, the party subject to enforcement shall also pay interest on the amount remaining to be enforced at the interest rate prescribed in Article 357 and Article 468 of the 2015 Civil Code, unless otherwise provided by law.
2/ Suspend the counterclaim of Ms. Cai Thi Thanh H because Ms. Cai Thi Thanh H withdrew the counterclaim.
In addition, the judgment also decides on the first instance court fees, the rights and obligations to enforce the judgment and the right to appeal of the parties.
On July 1, 2024, the plaintiff Ms. Dang Thi Hong V appealed, requesting the appellate court to review the entire First Instance Judgment No. 225/2024/DS-ST dated June 20, 2024 of the People's Court of Hoai Nhon town, Binh Dinh province.
At the trial, the representative of the People's Procuracy of Binh Dinh province stated: During the proceedings, the litigant and the participants in the proceedings complied with the provisions of procedural law, and at the same time requested the Trial Panel to base on Clause 1, Article 308 of the Civil Procedure Code. Do not accept the appeal of Ms. Dang Thi Hong V. Uphold the First Instance Civil Judgment No. 225/2024/DS-ST dated June 20, 2024 of the People's Court of Hoai Nhon town, Binh Dinh province.
JUDGMENT OF THE COURT
After studying the documents and evidence in the case file examined at the trial and based on the results of the debate at the trial, the Appellate Court determined:
[1] Regarding the proceedings: At the appeal hearing, the defendants Ms. Cai Thi Thanh H and Ms. Cai Thi D submitted a request for trial in absentia. Therefore, the People's Court of Binh Dinh province conducted the trial in absentia according to the provisions of Clause 2, Article 296 of the 2015 Civil Procedure Code.
that:
[2] Considering the content of Ms. Dang Thi Hong V's appeal, the Trial Panel found that, based on the documents and evidence in the case file, the Trial Panel had sufficient grounds to affirm that Ms. Cai Thi Thanh H was the person who directly caused the injury to Ms. Dang Thi Hong V on March 25, 2022. The forensic examination concluded that the body injury was 5%. Ms. Dang Thi Hong V requested Ms. Cai Thi Thanh H to compensate for the following amounts: Treatment costs at Hospital D1 from March 25, 2022 to March 30, 2022 (06 days). The total cost of medicine for treatment is 339,878 VND, Ms. Dang Thi Hong V's income is 500,000 VND/day x 6 = 3,000,000 VND, the income of the caregiver is 150,000 VND/day = 900,000 VND. Total: 4,239,878 VND. Therefore, Ms. Cai Thi Thanh H must be responsible for compensating the amount of 4,239,878 VND to Ms. Dang Thi Hong V in accordance with the provisions of law.
Regarding the request for compensation for mental damage of Ms. Dang Thi Hong V, she requested 10 months of basic salary. However, the Court of First Instance found that Ms. Cai Thi Thanh H and Ms. Cai Thi D both went to Ms. Dang Thi Hong V's residence, Ms. Cai Thi D hugged Ms. Dang Thi Hong V so that Ms. Cai Thi Thanh H could beat Ms. Dang Thi Hong V, causing disorder in the locality, and were administratively sanctioned by the authorities. The actions of Ms. Cai Thi Thanh H and Ms. Cai Thi D caused mental panic for Ms. Dang Thi Hong V. Therefore, Ms. Cai Thi Thanh H and Ms. Cai Thi D must be jointly responsible for compensating Ms. Dang Thi Hong V for mental damage, but Ms. Dang Thi Hong V's request for 10 months of basic salary is too high. Therefore, the Court of First Instance accepted that Ms. Cai Thi Thanh H and Ms. Cai Thi D jointly compensate Ms. Dang Thi Hong V with 6 months of basic salary x 1,800,000 VND/month = 10,800,000 VND, which is in accordance with the provisions of law. However, according to Decree No. 73/2024/ND-CP dated June 30, 2024 of the Government, stipulating that the basic salary from July 1, 2024 is 2,340,000 VND/month (2,340,000 VND/month x 06 months = 14,040,000 VND), each of them must compensate Ms. Dang Thi Hong V with 7,020,000 VND. Therefore, Ms. Dang Thi Hong V's appeal should be partially accepted and the civil judgment at first instance should be partially amended. Ms. Cai Thi Thanh H is obliged to compensate Ms. Dang Thi Hong V a total of 11,259,878 VND (including 339,878 VND for medicine + 3,000,000 VND for Ms. Dang Thi Hong V's income + 900,000 VND for the caregiver's income + 7,020,000 VND for mental damage). Ms. Cai Thi D is obliged to compensate Ms. Dang Thi Hong V for mental damage in the amount of 7,020,000 VND.
The remaining parts of the first instance civil judgment are not appealed or protested, so they remain in legal effect. From the date of expiration of the appeal or protest period.
[3] Regarding first instance civil court fees:
– Ms. Cai Thi Thanh H must pay 562,994 VND in first instance civil court fees.
– Mrs. Thi D must pay 351,000 VND in first instance civil court fees.
[4] Regarding civil appeal court fees: According to the provisions of Article 148 of the Civil Procedure Code, Article 29 of Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of the Standing Committee of the National Assembly regulating the collection, exemption, reduction, collection, payment, management and use of court fees and charges, Ms. Dang Thi Hong V's appeal was partially accepted, so Ms. Dang Thi Hong V does not have to pay civil appeal court fees.
[5] At the trial, the representative of the People's Procuracy of Binh Dinh province proposed not to accept the appeal of Ms. Dang Thi Hong V, to maintain the original civil judgment at first instance, which was inconsistent with the judgment of the Trial Panel. Therefore, it was not accepted by the Trial Panel.
For the above reasons,
DECISION
Pursuant to Article 147, Article 148, Clause 2, Article 296, Clause 2, Article 308, Article 309 of the 2015 Civil Procedure Code;
Apply Articles 584, 585, 586, 587, 588, 590 of the 2015 Civil Code;
Pursuant to Article 26 and Article 29 of Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of the Standing Committee of the National Assembly stipulating the levels of collection, exemption, reduction, collection, payment, management and use of court fees and charges.
Verdict:
1. Partially accept the appeal of the plaintiff, Ms. Dang Thi Hong V. Amend the First Instance Judgment No. 225/2024/DS-ST dated June 20, 2024 of the People's Court of Hoai Nhon town, Binh Dinh province.
2. Partially accept the lawsuit request of Ms. Dang Thi Hong V. Force Ms. Cai Thi Thanh H to compensate Ms. Dang Thi Hong V the amount of 11,259,878 VND (Eleven million two hundred fifty-nine thousand eight hundred seventy-eight VND).
Force Ms. Cai Thi D to compensate Ms. Dang Thi Hong V the amount of 7,020,000 VND (Seven million and twenty thousand VND).
3. Suspend the counterclaim of Ms. Cai Thi Thanh H because Ms. Cai Thi Thanh H withdrew the counterclaim.
4. Regarding first instance civil court fees:
– Ms. Cai Thi Thanh H must pay 562,994 VND in first instance civil court fees.
– Mrs. Thi D must pay 351,000 VND in first instance civil court fees.
5. Regarding civil appeal fees: Ms. Dang Thi Hong V does not have to pay civil appeal fees.
6. Regarding rights and obligations to execute judgments:
6.1 From the date the judgment or decision takes legal effect (for cases where the enforcement agency has the right to proactively issue a decision to enforce the judgment) or from the date of the request for enforcement of the judgment by the person subject to enforcement (for amounts payable to the person subject to enforcement until the enforcement is completed), the party subject to enforcement must also pay interest on the amount remaining to be enforced at the interest rate prescribed in Article 357, Clause 2, Article 468 of the 2015 Civil Code.
6.2 In case the judgment is enforced according to the provisions of Article 2 of the Law on Civil Judgment Enforcement, the person entitled to civil judgment enforcement and the person subject to civil judgment enforcement have the right to agree on judgment enforcement, the right to request judgment enforcement, voluntarily enforce the judgment or be forced to enforce the judgment according to the provisions of Articles 6, 7 and 9 of the Law on Civil Judgment Enforcement; the statute of limitations for judgment enforcement is implemented according to the provisions of Article 30 of the Law on Civil Judgment Enforcement.
7. The appellate judgment takes legal effect from the date of judgment.
