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【裁判要旨】《机动车交通事故责任强制保险条例》第三条所规定的适用范围应包括下车后履行修车义务的驾驶员,即在行车过程中,驾驶员的身份不因其下车修车而发生改变,不属于交强险第三人范围,其损失不应得到交强险的赔付。法院经过审查仲裁裁决,认为仲裁程序虽然合法,但仲裁认定事实、适用法律均存在错误,故依照仲裁法第六十一条的规定.裁定中止撤销程序.由仲裁委重新仲裁。
Referee motto “Motor vehicle accident liability insurance regulations,” Article III of the scope of application should include the driver to fulfill the obligation to repair the car after getting off, that is, during driving, the identity of the driver does not get off Car repair and change, do not belong to the third party to pay strong insurance, the loss should not be forced to pay strong insurance. After reviewing the arbitration ruling, the court held that though the procedure of arbitration was valid, the arbitration was found to contain errors in the facts and the applicable laws, so the arbitration was re-arbitrated in accordance with the provisions of Article 61 of the Arbitration Law.