Acórdão nº 0307953 de Court of Appeal of Porto (Portugal), 27 de Junho de 1991
Magistrado Responsável | VITOR BRITES |
Data da Resolução | 27 de Junho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART566 N3.
Jurisprudência Nacional: AC STJ DE 1979/03/08 IN BMJ N285 PAG290.
Sumário: I - Para o calculo da indemnização resultante de incapacidade parcial permanente para o trabalho, provocada por acidente de viação, devem ter-se em conta as regras proprias para o calculo das pensões devidas pelas incapacidades permanentes para o trabalho e sua remissão, uma vez que partem de base tecnica, embora as verbas encontradas possam ser sujeitas as correcções impostas pelo circunstancialismo de cada caso concreto. II - Por aplicação das referidas regras (Lei numero 2177, de 03/07/65, Decreto-Lei numero 360/71, de 21 de Agosto e Portaria do Ministerio das Finanças numero 632/71, de 19 de Novembro) e atendendo ao grau de culpa do condutor do veiculo sinistrante, ao notorio aumento dos salarios e a efectiva dificuldade de o lesado se manter de pe, facto que acarreta um menor rendimento do trabalho, e razoavel fixar-se em 1500 contos a indemnização devida, pela incapacidade permanente de trinta e cinco por cento...
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