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Mother of dead boy wins compensation lawsuit

THE mother of a four-year-old boy who died last August under the wheels of his father's minibus in Shanghai was compensated 110,000 yuan (US$17,312) after the woman filed 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 today 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, who was playing on the road at the time.

The parents called an ambulance immediately but the boy died despite hospital treatment, the court heard.

Yan suffered great sorrow after losing her only son and filed a lawsuit against her husband and the insurance company, demanding 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 tubal ligation after our only son was born," Zhu said.

Zhu said Yan has been indifferent to him after their son died. But the couple is getting better with each other as Yan said today she shouldn't have sued her husband.

The insurance company argued the parents should also share responsibility in this case for allowing their child to wander on the road alone, not to mention the driver was the boy's father.

The court ruled the insurance company to pay 110,000 yuan for compulsory traffic accident liability insurance. It suggested the parents file another lawsuit to demand compensation for commercial insurance.


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