Acórdão nº 9150416 de Court of Appeal of Porto (Portugal), 26 de Fevereiro de 1992
Magistrado Responsável | ANTONIO CABRAL |
Data da Resolução | 26 de Fevereiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA 1ª SECÇÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CPP87 ART82 N2. CE54 ART59 A. DL 522/85 DE 1985/12/31 ART6 ART29 N1.
Jurisprudência Nacional: AC RP PROC9057130 DE 1990/07/04. AC RP PROC0410015 DE 1991/05/13. AC RE DE 1977/04/28 IN CJ T2 ANOII PAG373.
Sumário: I - Lesado, para efeitos do disposto no artigo 6 do Decreto-Lei 522/85, de 31/12, é a pessoa corporalmente lesionada pelo acidente e não todo o titular ao direito de indemnização. II - Assim, se à data do acidente o limite do seguro era de 12000 contos por lesado, com o máximo de 20000, havendo vários, se a vítima é só uma e o pedido dos demandantes é superior a 13000 contos, a Seguradora é parte ilegítima no caso de só ela ter sido demandada. III - Há excesso de velocidade " relativo " se o arguido circulava abusivamente pela faixa de rodagem do " bus " a mais de 60 Km/h e os veículos ao seu lado esquerdo, circulando pela " sua " faixa, entraram em fila por causa do sinal vermelho do semáforo...
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