06/10/2022 11:36

Summary of judgments on compensation for damage caused by infringing health in Vietnam

Summary of judgments on compensation for damage caused by infringing health in Vietnam

My brother had a quarrel with other people and was beaten, leading to hospitalization. So my family is in the process of suing for compensation. Can you please provide me with some judgments related to health damage for reference? (Mr. Long-HCMC, Vietnam)

Thank you for your question. Below are some public trial judgments on compensation for damage regarding health in Vietnam that Lawnet has updated.

1. Judgment on dispute over compensation for damage caused by infringing health No. 25/2021/DS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Tuyen Quang province

- Summary of content: Plaintiff, Mr. H, hired Mr. Nguyen Van H1 and Mr. Tran Dinh D to dig the ground. When Mr. D drives the excavator to start working, before operating the machine, he does not ask unauthorized people to leave the excavator's working radius area (maximum excavating radius of 7770mm). Therefore, at about 09:30 on the same day, the excavator driven by D, while reversing, hit Mr. H, who was sitting at the back of the excavator picking up ore. As a result, Mr. H had to go to the emergency room. The current rate of bodily harm caused by injury is 83%. In the first-instance criminal judgment No. 124/2019/HSST, Mr. Tran Dinh D and Mr. Nguyen Van H1 were compensated VND 102,000,000. After checking and comparing payment documents for examination and treatment, The plaintiff determined the total damage was 937,272,000 VND, minus the 10% fault of Mr. H and the amount of 102,000,000 VND compensated. The plaintiffs now sue to request that the defendants, Mr. Nguyen Van H1 and Mr. Tran Dinh D, jointly compensate an additional amount of VND 741,544,800.

- Court's decision: Accepting part of the plaintiff's lawsuit claim, Mr. Tran Dinh D must pay 198,459,400 VND and Mr. Nguyen Van H1 must pay 50,197,000 VND.

2. Judgment on claim for damages caused by infringing health No. 05/2020/DS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Phu Yen province

- Summary: Due to a previous scuffle, Ms. H1 called her family, including Mr. H, H1's father, Mr. H2, and Mrs. M's mother, to come and fight with him. During the back and forth, Mr. H used a round cane as big as his biceps, about 1.5m long, to hit one from above. Mr. R raised his hand to support and injured his hand with a 15% injury. Now Mr. R asks Mr. H to pay compensation: The cost of treatment is 25,000,000 VND; travel expenses are 2,000,000 VND; the cost of the sick person is 12,000,000 VND (60 days x 200,000 VND); loss of income is 54,000,000 VND (06 months x 9,000,000 VND); mental loss is 5,000,000 VND. The total is 101,000,000 VND, only the mental loss he is required to consider according to the law.

- Court's decision: forcing defendant Mr. Vo Van H to pay Mr. Le Van R the amount of VND 29,807,000

3. Judgment on dispute over compensation for damage caused by infringing health No. 16/2021/DS-ST

- Level of trial: First instance

- Judicial body: People's Court of Yen Bai city, Yen Bai province

- Summary: Mr. Nguyen Manh T1 is a neighbor who lives next to her house and has repaired the house. During the house repair process, building materials were dropped on her house. She asked Mr. T1 to ask workers to be more careful during construction and to overcome the consequences. However, Mr. T1 did not accept, and along with Mr. Nguyen Ngoc T2 and Mr. Nguyen Trung H, cursed, insulted his family, and even punched and slapped her in the face and body. This resulted in her head, face, and lumbar spine injuries. She was taken to the hospital by her family. In addition, she also had to go to the mental hospital in Yen Bai province, Phu Tho general clinic, and receive treatment with herbal medicine. During her hospital stay, she could not work. Her husband, Mr. Nguyen Van Khanh, was the one who took care of her during her treatment at the hospital, which affected her family's income.

Court's decision: Forcing Mr. Nguyen Manh T1 and Mr. Nguyen Trung H to jointly compensate Ms. Pham Thi M for a total amount of VND 12,105,800

4. Judgment on compensation for damage caused by infringing health No. 07/2022/DS-ST

- Level of trial: First instance

- Judicial body: People's Court of Phan Thiet city, Binh Thuan province

- Summary: On March 9, 2021, between Mrs. A and Mrs. C, Mrs. D had an argument, cursing and fighting back and forth. Mrs. C pulled her hair back, pulled her head down, and hit her head with a rock. While struggling back and forth, she stomped on some of Mrs. C's guava fruits, then everyone intervened. She felt dizzy, had a headache, nausea, and knee pain, so her family had to hire a taxi to take her to An Phuoc Hospital. Ms. A filed a lawsuit demanding that Ms. C pay compensation for drugs and treatment costs such as bills and mental loss of 10 million DOP.

- Court's decision: compelling Ms. Ngo Thi Kim C to compensate Ms. Tran Thi A for the amount of examination and treatment expenses of VND 4,562,947.

5. Judgment on compensation for damage caused by infringing health No. 54/2021/DS-PT

- Judgment level: Appellate

- Judicial body: People's Court of An Giang province

- Summary: Mrs. N goes to do family work, walks past the defendant's house about 20 meters away. I do not understand the reason why the defendant couple followed Mrs. N and pulled her down from behind, hit her on the head, face, and neck, hit her with something unknown, and broke the little finger of her left hand. After being stopped by everyone, Mr. H continued to kick her stomach with his foot, causing Mrs. N to fall into the fence of a house and faint. After that, his relatives took him to the general hospital to be treated for 14 days. Ms. N's injury was entirely the defendant's fault. Ms. N asked the defendant to pay a total of 114,473,000 VND.

- Court's decision: accepting part of Ms. Nguyen Thi N's lawsuit claim. compelled Ms. Nguyen Thi Thuy T and Mr. Vo Van H to jointly compensate Ms. Nguyen Thi N for the amount of 33,723. 000VND

6. Judgment No. 03/2021/DS-PT dated 07/01/2021 on compensation for damage caused by infringing health

- Judgment level: Appellate

- Judicial body: People's Court of An Giang province

- Summary: Mrs. Le Thi H was gathering firewood at the back of the house with her child when Mrs. Nguyen Thi D ran to beat her with a 1.5m-long bamboo stick. Mrs. H turned around to help but hit her hand. Mrs. D repeatedly hit her forearm, back of hand, and finger. She shouted for help, but her husband, Mr. Huynh Hong S, intervened. At this time, Mrs. D took the bamboo tree into the house. Through forensic examination, it was determined that her injury rate was 10%. She asked Mrs. D to compensate him for the total loss of VND 36,802,230.

- Court's decision: accepting a part of Ms. Le Thi H's lawsuit claim, forcing Ms. Nguyen Thi D to pay compensation to Ms. Le Thi H for the amount of 14,862,400 VND.

Phuong Uyen
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