TJ-AM maintains injunction for payment of food for family of traffic accident victim

The Second Civil Chamber of the Court of Justice of Amazonas judged this Monday (01/04) an appeal filed by a transport company against an injunction that ordered the payment of monthly maintenance in favor of the father and son of a fatal victim of a motorcycle traffic accident involving a truck in the service of the transport company, in October 2020.

The decision was unanimous, in case no. 4006097-91.2022.8.04.0000, reported by judge Elci Simões de Oliveira, after oral arguments by the appellant.

In 1st Degree, decision of the 19th Civil and Work Accidents Court analyzed the request and granted the injunction, considering the presumption of economic dependence due to being a low-income family, determining payment in the amount of half the current minimum wage, until final judgment of the action, to be deposited into the author’s account by the fifth business day of each month, under penalty of a fine of R$ 1,000 per day of non-compliance, limited to the amount corresponding to five fine days.

The company appealed, alleging its illegitimacy to respond to the action, as it had a contract with another carrier, with a liability clause for any accidents, and therefore cannot respond for damages caused to third parties by the contracted company, asking to suspend the decision that forced it to pay the monthly amount to the victim’s dependents.

At the trial, the rapporteur read the summary to maintain the 1st Degree decision, considering the fulfillment of the requirements for granting the injunction that determined the payment of the monthly pension for the death of the family member in the case analyzed and civil liability for the damage caused.

The case will still have a judgment on the merits, when the request for compensation for moral damage made by the requesting party will also be analyzed.