Article 20. Determination of the amount of insurance payment of the Law On Compulsory Insurance of Civil Liability of the Carrier to Passengers

Home / RLA / Article 20. Determination of the amount of insurance payment of the Law On Compulsory Insurance of Civil Liability of the Carrier to Passengers

1. In the contract of compulsory liability insurance of the carrier, the maximum amount of liability of the insurer for one insured event (the insured amount) must be specified separately and must be at least the following amounts (in monthly calculation indices):

for the harm caused to the life and health of each victim and resulting in:

death – 5,000;

establishment of disability:

The first group is 5,000;

The second group is 3,500;

The third group is 2,500;

a child with a disability – 5,000;

injury, injury or other damage to health without establishing disability, – in the amount of the actual costs of outpatient and (or) inpatient treatment, but not more than 200;

for damage caused to the property of each victim – in the amount of the damage caused, but not more than 250.

2. Insurance payment for damage caused to the life and health of the victim, resulting in death or disability, shall be carried out in the amount of the maximum amount of liability of the insurer established by paragraph 1 of this Article.

The insurance payment for damage to the life and health of a passenger caused during transportation is subject to compensation regardless of the carrier's fault.

3. To calculate the amount of the insurance payment, a monthly calculation index is used, established in accordance with the legislative act of the Republic of Kazakhstan, on the day of the insurance payment.

4. The deductible under the carrier's compulsory liability insurance contract is five times the monthly calculation index for one insured event and for each victim. In cases where the amount of damage caused exceeds the established deductible amount, the insurance payment is carried out in full.

Insurance payment for damage caused to the life and health of the victim is carried out without the use of a deductible.

5. Expenses incurred by the policyholder (insured) in order to prevent or reduce losses shall be reimbursed by the insurer if such expenses were necessary or were incurred to comply with the instructions of the insurer, even if the appropriate measures were unsuccessful.

Such expenses are reimbursed in actual amounts, while the total amount of insurance payment and compensation for expenses should not exceed the insured amount established by the carrier's compulsory liability insurance contract. If the expenses have arisen as a result of the policyholder's fulfillment of the insurer's instructions, they are reimbursed in full, regardless of the insured amount.

These expenses are reimbursed by the insurer directly to the person who incurred them.

6. If the insured sum is insufficient to fully compensate for the damage caused, the carrier shall reimburse the victim for the difference between the insured sum and the actual amount of the damage.

7. In the event of the death of the victim, the person who carried out the burial of the victim is reimbursed by the insurer for the funeral expenses in the amount of one hundred monthly calculation indices.

The footnote. Article 20 as amended by the Laws of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (effective after ten calendar days after the date of its first official publication); dated 06/27/2022 No. 129-VII (effective after ten calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated July 1, 2003 No. 444.

This Law regulates relations arising in the field of compulsory insurance of civil liability of the carrier to passengers, and establishes the legal, financial and organizational basis for its implementation.

President

Republic of Kazakhstan

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