Acórdão nº 9120788 de Court of Appeal of Porto (Portugal), 23 de Março de 1992
Magistrado Responsável | JOSE CORREIA |
Data da Resolução | 23 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR TRAB - ACID TRAB.
Legislação Nacional: CPC61 ART668 N1 C D ART659 N3. L 2127/65 DE 1965/08/13 BV N2 BXVII N2 BXIX N1 BXXII. D 360/71 DE 1971/08/21 ART54 N2. D 37272/48 DE 1948/12/31 ART5.
Sumário: I - Não se verificam as nulidades previstas no artigo 668, nº 1, alíneas c) e d) do Código de Processo Civil, se, respectivamente, a fundamentação aponta num sentido e a decisão não segue caminho oposto ou, pelo menos, direcção diferente e se a sentença aplicou aos factos provados os necessários princípios de direito, decidindo em conformidade; II - É um nítido acidente de trabalho o sofrido por aquele que trabalhava ao serviço da respectiva entidade patronal nas vindimas, mediante a remuneração diária de - 550$00 - e verificado no regresso do trabalho em meio de transporte fornecido pela mesma entidade patronal. Consistiu esse acidente em o trabalhador caindo da respectiva carrinha, ter batido com a cabeça no asfalto, daí lhe resultando a morte; III - Pela reparação de tal acidente responde a entidade patronal e a seguradora, mas esta apenas subsidiariamente e pelas prestações normais previstas na Lei nº 2127, de 3 de Agosto de 1965, em virtude de haver de presumir-se que o mesmo acidente aconteceu devido a falta de condições de...
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