Acórdão nº 873/13.7TJPRT.L1-8 de Tribunal da Relação de Lisboa, 30 de Outubro de 2014
Magistrado Responsável: | IL |
Data da Resolução: | 30 de Outubro de 2014 |
Emissor: | Tribunal da Relação de Lisboa |
Decisão Texto Parcial:
Acordam no Tribunal da Relação de Lisboa I - RELATÓRIO C... intentou a presente acção contra Z... pedindo a condenação da ré no pagamento da quantia de € 19.304,09, a título de reembolso do valor das prestações pagas a M... na sequência de acidente simultaneamente de trabalho e de viação, que vitimou o marido desta e cuja entidade patronal havia transferido para si a responsabilidade infortunística laboral.
Alegou, em síntese, que a responsabilidade pelo pagamento da referida quantia cabe à ré, pois tinha transferido para si a responsabilidade decorrente da circulação do veículo 44-79-AO, cujo condutor foi o único culpado na produção do acidente.
A ré contestou, invocando, além do mais, a prescrição do direito da autora, pedindo a absolvição do pedido.
A autora respondeu, concluindo como na petição inicial.
Foi proferida SENTENÇA que julgou improcedente a presente acção e absolveu a ré do pedido.
Não se conformando com a sentença, dela recorreu a autora, tendo formulado as seguintes CONCLUSÕES: 1ª - A sentença proferida pela Mmª Juíza a quo fez uma incorrecta interpretação e aplicação da Base XXXVII da Lei 2127, devendo, como tal, ser revogada.
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- Nos termos do disposto no1 da referida Base, a autora, na qualidade de seguradora AT, tem o direito de ser reembolsada da ré, enquanto seguradora do veículo responsável pelo acidente dos autos, de tudo quanto despendeu na regularização ao abrigo do regime especial de reparação de acidentes de trabalho.
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- Ao contrário do que é referido na sentença, o valor que a beneficiária do sinistrado recebeu no foro civil da ré, a título de perda de ganho, não limita o direito de acção da entidade patronal ou da seguradora AT contra o responsável.
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- Tal direito da autora tem como limite o limite da sua própria responsabilidade, ou seja, o que resulta da própria LAT.
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- Por outro lado, é a LAT que fixa os montantes mínimos, a título de perda de ganho, que o sinistrado, ou os seus beneficiários, tem direito no caso de ser vítima de um acidente de trabalho.
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- Tendo a beneficiária do sinistrado direito aos valores que se encontram estipulados na LAT e tendo a autora pago esses valores em substituição do responsável, então, sub- rogada os direitos da beneficiária, que satisfez, tem agora direito a exigir do responsável tudo quanto despendeu por causa do acidente.
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- O sinistrado apenas tem a obrigação de reembolsar o que recebeu da seguradora AT quando receba do terceiro responsável montante superior ao que receberia ao abrigo do regime especial de reparação de acidentes de trabalho, o que clara e inequivocamente não acontece no caso sub judice.
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- Encontrando-se o pagamento das pensões suspenso por decisão judicial, pelo valor arbitrado à beneficiária a título de dano de perda ganho, no foro cível (com as especificidades explanadas nos autos), nada mais pode a autora reclamar da beneficiária.
9ª - Pelo que deve a sentença recorrida ser revogada, declarando-se a autora como responsável pelo pagamento dos valores que esta despendeu na regularização do AT dos autos, com todas as consequências legais.
Termina, pedindo que a sentença recorrida seja revogada nos termos das conclusões supra alegadas.
A parte contrária contra-alegou...
Para continuar a ler
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