Is it reasonable and legal for the victim of a traffic accident to be required to bear half of the liability due to the victim's old injury, who was not at fault and should have been compensated by the insurance company within the scope of insurance liability? Recently, the Intermediate People's Court of Zhoukou City, Henan Province upheld the first instance judgment of the People's Court of Xihua County that the insurance company should pay more than 120000 yuan to the insured within the scope of compulsory insurance. In September 2022, while driving a three wheel electric vehicle normally, Yuan Moujia collided with Xiao Mou's light rail truck, causing Yuan Mouyi to be injured and the vehicle to be damaged in a traffic accident. According to the accident responsibility determination made by the Xihua County Traffic Police Brigade, Xiao is fully responsible, while Yuan A and Yuan B are not responsible. The light rail truck has purchased mandatory vehicle insurance, and the accident occurred during the insurance period. The people's court commissioned a third party to issue a judicial appraisal opinion, and the appraisal report showed that Yuan Mouyi's degree of disability was level ten (disease and injury are equally responsible). Yuan Mouyi filed a lawsuit to the Xihua Court, demanding compensation from the insurance company and Xiao Mou for all of his losses. The insurance company argues that the appraisal report indicates that their own illness and the injuries caused by this accident are equally responsible for Yuan Mouyi's level 10 disability. Therefore, Yuan Mouyi's disability compensation and mental comfort should be excluded in accordance with the corresponding proportion. After the trial, the Xihua Court held that according to the principle of fault liability determined by the Civil Code, the self defects or old illnesses of traffic accident victims have no causal relationship with the occurrence of damage consequences, and there is no fault. The infringement behavior of the infringer is the direct cause of the damage consequences, and it cannot be determined that the victim has fault or reduced the liability of the infringer based on the physical condition of the victim. Therefore, the first instance court did not adopt the argument of the insurance company and ruled that the insurance company should pay the insured more than 120000 yuan within the scope of compulsory insurance. After the first instance verdict, the insurance company refused and filed an appeal. After the trial, the Zhoukou Intermediate People's Court rejected the appeal and upheld the original judgment. The judge stated that in a traffic accident liability dispute involving disability appraisal, when the victim is not at fault, but their old injuries have a certain degree of participation in the disability assessment, whether the liability of the infringer can be reduced based on the proportion of old injury participation should accurately grasp the causal relationship and the legal situation of insurance company exemption. When an old injury has already transformed into an individual's special constitution, the victim's fault for the occurrence or expansion of the injury does not constitute a legal fault. The consequences of disability caused by the accident injury have a direct causal relationship between the two. Due to the fact that compulsory traffic insurance is aimed at ensuring that victims of motor vehicle road traffic accidents receive compensation in accordance with the law, the exemption of insurance companies is only limited to cases where the victim intentionally causes a traffic accident, and the impact of the victim's old injury does not belong to the statutory situation of reducing or exempting the infringer from compensation liability. In summary, victims should not be held responsible for their participation in the consequences of disability due to their personal physical condition, and insurance companies should compensate in full within the scope of insurance liability. (New News Agency)