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July 4, 2012

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Mom of dead boy wins lawsuit versus husband, insurance firm

THE mother of a four-year-old boy who died in August under the wheels of his father's minibus in Shanghai was compensated 110,000 yuan (US$17,312) yesterday after the woman won a lawsuit against her husband and the insurance company.

The case was heard by Huangpu District People's Court in February and April. It reached a ruling yesterday and ordered the insurance company to pay 110,000 yuan to the woman, surnamed Yan. The court did not order Yan's husband, surnamed Zhu, to pay any compensation since they are married.

She said her husband was driving a minibus from work to his home on Wangjiamatou Road on August 15. The minibus hit their four-year-old son, playing in the road at the time.

Yan lost her only son, according to the lawsuit she filed, and demanded 800,000 yuan compensation.

Zhu told the court he felt guilty and could understand why his wife filed the lawsuit. "We had three daughters in Jiangsu, but we still wanted a son. My wife had a tubal ligation after our only son was born," Zhu said.

Zhu said Yan has been indifferent to him after their son died. But they said things were getting better, with Yan conceding yesterday she shouldn't have sued her husband.

The insurance company argued the parents should also share responsibility. But the court ruled the company must pay 110,000 yuan as compulsory traffic accident liability insurance. It also suggested the parents file another lawsuit to demand compensation from commercial insurance.


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