Acórdão nº 919/13.9TBVVD.G1.S1 de Supremo Tribunal de Justiça, 07 de Maio de 2015
Magistrado Responsável: | PIRES DA ROSA |
Data da Resolução: | 07 de Maio de 2015 |
Emissor: | Supremo Tribunal de Justiça |
Acordam no Supremo Tribunal de Justiça: AA - COMPANHIA DE SEGUROS, S.A.
intentou, no Tribunal Judicial de Vila Verde, em 30 de Julho de 2013, contra Fundo de Garantia Automóvel acção declarativa ordinária de condenação, que recebeu o nº919/13.9TBVVD, do 1º Juízo, pedindo a condenação do réu a restituir-lhe a ela, autora, a quantia de 31 947,48 euros, acrescida de juros vincendos contados desde a citação até total e efectivo pagamento.
Alegou, em suma: no exercício da sua actividade e por força do contrato de seguro celebrado com CC, aceitou a transferência da responsabilidade civil por danos decorrentes da circulação do ligeiro de passageiros com matrícula …-…-AP, dentro dos limites legais, pela Apólice n.º …; em 20 de Junho de 2004 ocorreu um acidente de viação na estrada nacional que liga a cidade de Braga à vila de Ponte da Barca, em Covas, Vila Verde, em que foram intervenientes o AP e um veículo ligeiro misto, de matrícula portuguesa, mas cujo número de matrícula, proprietário e condutor são desconhecidos; DD era gratuitamente transportado no AP, à data do acidente, seguindo, sentado, no assento de trás; como consequência directa e necessária do acidente, resultaram, para o DD, lesões corporais; o sinistrado foi transferido para o Centro Hospitalar do Alto Minho, S.A., de Viana do Castelo; foi transferido para o Hospital de São Marcos, da cidade de Braga; foi assistido no Serviço de Neurologia e de Neurocirurgia, do Hospital de São Marcos; no dia 25 de junho de 2004, o DD regressou ao Centro Hospitalar do Alto Minho, onde se manteve internado; a partir do mês de agosto de 2004, o DD passou a ser acompanhado, assistido e tratado, nos serviços clínicos da autora, nos Hospitais Privados de Portugal, na Boavista, cidade do Porto; em consequência do aludido acidente, o DD, intentou acção declarativa de condenação sob a forma de processo ordinário contra a ora autora – então designada por Companhia de Seguros EE, SA - e o ora réu, que correu seus termos pelo 2º Juízo do Tribunal Judicial de Vila Verde, autos registados sob o n.º 561/06.0TBVVD; por Acórdão do Supremo Tribunal de Justiça, proferido em 18 de Dezembro de 2012 – Revista n.º 651/06.0TBVVD.G1.S1 - a culpa exclusiva na produção do aludido acidente foi imputada ao condutor do veículo automóvel ligeiro misto, de matrícula portuguesa, mas cujos número de matrícula, proprietário e condutor são desconhecidos; consequentemente, a ré AA, SA foi absolvida do pedido; e o ora réu ficou com a total responsabilidade pelos danos sofridos pelo autor, DD; no pressuposto da responsabilidade do condutor do veículo seguro, ainda na fase pré-contenciosa, a autora fez adiantamentos ao DD, no montante de 5 400,00 €, e liquidou despesas hospitalares ao Centro Hospitalar do Alto Minho, SA, Hospital de São Marcos e Hospitais Privados de Portugal, Boavista, no montante de 26 547,48 €, pela assistência àquele prestada, o que tudo perfaz o montante global de 31 947,48 euros; o réu viu entrar no seu património o valor de 31 947,48 €, correspondente a igual valor pago indevidamente ao sinistrado e que àquele competia liquidar, havendo entre o enriquecimento do réu e o empobrecimento da autora uma relação de causa e efeito (aquele enriqueceu à custa desta).
Contestou o réu (fls.67) invocando a prescrição da obrigação (por estarem decorridos mais de três anos sobre a sua constituição), impugnando os danos alegados e alegando não...
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