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Question某机关单位的车辆在1977年撞伤他人后于1978年初调解结案。由于受害人伤口长年溃烂未愈,受害人2010年10月起诉,要求该单位赔偿后续治疗费及误工费。后经法院一审、二审、发回重审、再次二审等多次审理最终作出判决:被告在判决生效之日起15日内赔偿原告90245.77元,承担一审诉讼费1000元、二审诉讼费1000元以及鉴定费3050元,逾期“加倍支付迟延履行期间的债务利息”。对于重审作出的判决,原、被告双方均不服,均向上级法院提出了上诉。二审法院经过审理,于2013年5月20日作出终审判决:维持原判。由于单位负责人不情愿支付该款项,因此—直拖着没有给付相应的款项。那么,生效判决应该是按怎样的程序履行昵?胜诉方不主动向败诉方索取赔款导致判决没有履行,这样的责任是否可以主张由胜诉方承担呢?
The vehicle of an organ unit was closed down in early 1978 after it hit others in 1977. Since the victim’s wounds have been decadent for many years, the victim sued in October 2010 and demanded that the unit compensate for the follow-up treatment fee and the lost-time fee. After the court first instance, the second instance, the re-trial, re-trial of the second trial and other final verdict: the defendant within 15 days from the effective date of the verdict to compensate the plaintiff 90,245.77 yuan, bear the first instance litigation fee of 1,000 yuan, the second instance court fee of 1,000 yuan and identification fee 3050 yuan, overdue “double payment of debt interest due to delay ”. Judgments made for the retrial were rejected by both the plaintiff and the defendant and both appealed to the higher court. After trial, the court of second instance made the final judgment on May 20, 2013: upheld the original verdict. As the head of the unit was reluctant to pay the money, the money was not paid straight. Then, the decision should take effect according to what kind of procedure to fulfill? The victor does not take the initiative to claim compensation from the losing party led to the failure of the performance of the judgment, whether such a liability can be claimed by the winning party?