Is it true that Zhejiang Ocean Shipping collided with a fishing boat/0/4 people were killed and their families were compensated/0/5/0/60,000 yuan?

In the early morning of July 14, 2065438, a Liberian container ship collided with a China fishing boat "Zhesanyu 00 1 1" in Xiangshan, Ningbo, causing the fishing boat to sink on the spot, killing all the crew on board1. 2065438+2007 1 October 20th, 14 family members of the crew members who died were tried by Ningbo Maritime Court, and were awarded the court death compensation of110,000 yuan respectively. It is understood that this total compensation of * * *15160,000 yuan will be paid in one lump sum before the Spring Festival.

The outer ship sank my fishing boat and ran away.

At 2: 54 am on July 15, the Liberian container ship "FS? SANAGA collided with Taizhou Sanmen fishing boat "Zhesanyu 000 1 1" in Xiangshan sea area of Ningbo on the way from Shanghai to Xiamen, and the fishing boat sank on the spot. According to the bulletin issued by Weibo, the official of Ningbo Maritime Court, in April 20 16, after the collision accident, "FS? The second mate of Sanaga made a report to the captain. The captain did not order the ship to stop and return to the scene to verify the damage of the fishing boat, did not take rescue action, did not report to the competent authority, confirmed that the ship was not damaged and did not back up the VDR data after entering the water.

The 14 crew on the hit fishing boat missed the best rescue time until July 20th, 20 15, when Zhejiang Maritime Search and Rescue Center received a notice from Sanmen County Ocean and Fisheries Bureau that "Zhejiang Sanyu 000 1 1" was lost after sailing from Sanmen, Taizhou on July 3rd. On August 1 day, a suspected shipwreck was found about 30 nautical miles east of Shipu. Two days later, after four underwater surveys and photographs by divers, it was confirmed that the sunken ship was named "Zhejiang Sanyu 000 1 1". On the afternoon of June 65438+1October 65438+April, the ship "Zhejiang Sanyu 000 1 1" was salvaged, and the bodies of nine crew members were salvaged, and five others were missing.

The two ships are mainly responsible for violating the rules of ocean shipping.

On March 24th, 20 16, Zhejiang Maritime Safety Administration issued "Yong 7 14" and "FS? Investigation report on the collision accident between SANAGA and Zhesanyu 000 1 1, which mentioned that the visibility of the sea area was poor at the time of the incident, "FS? SANAGA and Zhesanyu 000 1 1 are sailing boats. According to the International Regulations for Preventing Collisions at Sea 1972, both parties have equal responsibilities and obligations to avoid collisions.

“FS？” SANAGA neglected to observe and failed to fully estimate the situation and collision risk at that time; Drive at a safe speed; Failing to take effective collision avoidance measures in time; Fog navigation measures do not conform to the usual practice of seafarers; Leaving the scene without authorization after the accident delayed the best rescue opportunity. However, among the crew of "Zhejiang Sanyu 00011"14, the rest were undocumented, and the crew on duty was driving an unlicensed ship at the time of the incident and did not use the AIS equipment of the ship to disassemble it, which violated the relevant regulations.

The investigation report finally concluded that the accident was a liability accident caused by the joint negligence of both parties. “FS？ The ship SANAGA, which escaped after the accident, bears the main responsibility for this accident, and the ship Zhesanyu 000 1 1 bears the secondary responsibility.

The compensation standard has become the focus of controversy.

On April 20 16, the relatives of the crew members who died in 14 filed a lawsuit in Ningbo Maritime Court, demanding that Bang Qi Sanyong Co., Ltd., an ocean shipping company, compensate the injured party for death compensation, funeral expenses, living expenses of dependents, transportation expenses, accommodation expenses and lost time, totaling1677/kloc-0.5 million yuan. In June of the same year, 5438+065438+ 10, the court made a judgment of first instance, and Bang Qi Sanyong Co., Ltd. compensated 14 shipwrecked crew, totaling15160,000 yuan.

In the trial of this batch of cases, the calculation standard of compensation for the death of 14 crew members has become the focus of controversy. According to the judge who handled the case, among the 14 crew members who died, except 1 crew members whose household registration was in the town, the rest 13 crew members were registered in the countryside. The plaintiff claimed that 14 crew members' death compensation was calculated according to the per capita disposable income of urban residents in Zhejiang Province for 20 years, 437 14 yuan, totaling 874,280 yuan. The defendant believes that it should be calculated according to the household registration of the dead crew members and according to the urban standards or rural standards respectively.

After hearing the case, the judge held that according to Article 17 of the Tort Liability Law of People's Republic of China (PRC), "If more than one person died due to the same tort, the death compensation can be determined in the same amount", and the accident involved caused the death of 14 crew members, so the application of this article was excluded without special circumstances, so the plaintiff's claim to calculate the death compensation according to the urban standard was protected. After the judgment of first instance, none of the parties appealed.