Acórdão nº 97B264 de Supremo Tribunal de Justiça (Portugal), 02 de Outubro de 1997
Magistrado Responsável | COSTA MARQUES |
Data da Resolução | 02 de Outubro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CPC67 ART676 N1 ART684 N3 ART690 N1 ART722 N2 ART729 N2. CCIV66 ART494 ART496 N3 ART566 N3. L 2127 DE 1965/08/03 BXXXVII. DL 522/85 DE 1985/12/31 ART18.
Jurisprudência Nacional: AC STJ DE 1993/05/26 IN CJSTJ ANOI TI PAG30. AC STJ DE 1991/01/27 IN BMJ N604 PAG442. AC STJ DE 1992/02/17 IN BMJ N420 PAG414. AC STJ DE 1993/03/31 IN BMJ N425 PAG544. AC STJ DE 1993/06/08 IN CJSTJ ANOI TII PAG138. AC STJ DE 1994/10/11 IN CJSTJ ANOII TII PAG89. AC STJ DE 1993/04/15 IN CJSTJ ANOI TII PAG62.
Sumário : I - As ilações extraídas pela Relação, sobre a fracção dos vencimentos da vítima de acidente de viação, destinados ao agregado familiar desta, a partir de outros factos provados no desenvolvimento lógico dos mesmos e com base em juízos de experiência e em considerações de probabilidade e de razoabilidade, constituem matéria de facto insindicável pelo Supremo. II - No cálculo da indemnização devida ao lesado por acidente de viação, que seja simultaneamente de trabalho, não têm que ser levadas em linha de conta as prestações que ele receba da entidade patronal ou sua seguradora e da Segurança Social...
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