A resident of Chisinau sued the driver of bus no. 5. The woman claims she was trying to get off the bus, when the driver took off, so the woman fell under the vehicle.
Following the incident, the victim received multiple bodily injuries and underwent two surgeries. Similarly, the woman claims to have undergone a medical treatment, to have had strong psychic and physical sufferings. Additionally, she had to use a stick for two months and there was a large scar on her leg, due to which she had to change all her clothes.
The bus driver is to be blamed for the accident, since he did not display enough vigilance in traffic and ignored the provisions of the Road Traffic Regulation. A disciplinary action was taken in his respect. Additionally, he was imposed a fine of one thousand lei and six penalty points.
Bizlaw.md writes that treatment-related expenses were partially covered by the insurance company. However, the woman requested the driver to repay moral damages in the amount of 15,000 lei, as well as the court costs in the amount of about 3,000 lei. The Center District Court of Chisinau upheld the action in its entirety and ordered the collection of the amounts requested by the applicant.
The bus driver disagreed with the court's decision and filed an appeal. The man mentioned that the moral damages of 15 thousand lei represent a grossly excessive compensation, based on the economic realities of the Republic of Moldova and the judicial practice existing in our country. At the same time, he also pointed out that the victim suffered from other illnesses that were not caused by the accident and that her psychic suffering was not proven.
Examining the case, the Chisinau Court of Appeal established that the first instance decision regarding the moral damages is erroneous. Thus, the amount of moral damages was reduced to 5 thousand lei. Similarly, the court costs to be borne by the defendant were also reduced.
The decision may be appealed to the Supreme Court of Justice.