Why is the express company unwilling to compensate for the damage of goods in the mailing process?

2022-05-18 0 By

Miss Zhang, who lives in Kashgar, Xinjiang, has a jade guanyin ornaments weighing 9.2KG. In May 2020, Ms Zhang wants to transport her jade Guanyin ornaments from Kashgar, Xinjiang to Jining, Shandong Province.Miss Zhang found a high-speed express company located in kashi west second ring road, entrusted its jade Guanyin ornaments shipped to the destination Jining City.Express company to accept ms Zhang’s consignment for its delivery of jade guanyin ornaments, Ms Zhang for its consignment of jade Guanyin insurance price of 150,000 yuan, and paid 750 yuan of insurance fees.After the express company shipped the jade Guanyin ornaments to the destination, the recipient found that a lotus petal on the lower part of the middle right side of the jade Guanyin ornaments was damaged, and the recipient refused to accept the goods.After the incident, Ms. Zhang and the express company to negotiate compensation matters, Ms. Zhang asked for compensation 400,000 yuan, and the express company claimed that the jade Guanyin ornaments can be repaired, only willing to compensate Ms. Zhang 1,000 yuan of maintenance costs.The compensation gap between the two sides was too large, so the negotiation failed, so Ms. Zhang directly sued the local court, asking the express company to compensate 400,000 yuan.Do you think the court should support Ms. Zhang’s claim for compensation?The court considers that: 1. There is a legal and effective transportation contract relationship between Ms. Zhang and the express company.2, Ms. Zhang consignment of jade Avalokitesvara ornaments by the evaluation agency evaluation of the market price of 150,000 yuan, and Ms. Zhang and the Courier company agreed to the amount of insurance is 150,000 yuan, so the value of the jade Avalokitesvara ornaments is 150,000 yuan, rather than the 400,000 yuan that Ms. Zhang advocated.3, because the jade guanyin decoration is a special item, has a certain appreciation and artistic value, but also entrusted with the good wishes of people, even if it can be repaired, but after repair will affect the beauty and its meaning, so do not support compensation maintenance costs.Therefore, this case through the first trial, the second trial, and finally the express company paid Ms. Zhang 150,000 yuan compensation, Ms. Zhang will also be damaged jade Guanyin ornaments delivered to the express company.