Acórdão nº 041024 de Supremo Tribunal Administrativo (Portugal), 17 de Outubro de 1990 (caso None)
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 17 de Outubro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART27 N5 N6. CCIV66 ART566 N2. CPC67 ART661 N1 ART668 N1 E.
Sumário : I - Nos termos das Condições Gerais do Ramo Automovel a seguradora garante o ressarcimento pelos danos ocasionados a terceiros pelo reboque ou reboques exarados nas condições particulares, sendo, assim, necessario mas suficiente que aquele ou aqueles constem da apolice, constituindo o numero de matricula de qualquer deles elemento secundario. II - Por isso, reportando-se o seguro a trator agricola, incluindo o reboque, com determinadas matriculas, a seguradora responde não obstante ser outro o reboque, tanto mais que se não conhecem as caracteristicas de um e outro reboque, por forma a concluir que o reboque embatido era susceptivel de criar maior risco que o constante da apolice. III - E de considerar correcta a fixação da indemnização por danos patrimoniais em 2400000 escudos, tendo em conta que o vencimento mensal da vitima em 17 de Fevereiro de 1987 era de 48000 escudos, contribuindo para o agregado familiar a mulher e dois filhos menores - - com cerca de 384000 escudos por ano, que a vitima tinha 30 anos de idade e se presumisse pudesse viver ate aos 65 anos...
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