Cassation for compensation of material damage and moral damage
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To the Court of Cassation
the Board of Civil Affairs
Supreme Court of the Republic of Kazakhstan
From : ______________
Born on 07/11/1989
IIN ______________
Residence: Almaty, ul. ______________194/14
mobile phone number ______________
CASSATION PETITION
by the decision of the appellate judicial board of the Almaty City Court dated 02.02.2018, by the decision of the Almaly District Court of Almaty dated 25.11.2017, my claims for compensation for material damage and moral damage were denied.
The decision was left unchanged by the decision of the appeal board of the city court. According to paragraph 1 of Article 434 of the CPC RK, Judicial acts subject to cassation review: 1. Judicial acts of local and other courts that have entered into legal force may be reviewed in cassation by the Supreme Court of the Republic of Kazakhstan, if the appeal procedure is followed, as well as judicial acts of the specialized judicial board of the Supreme Court of the Republic of Kazakhstan. I consider the decision of the court of the appellate judicial board to be illegal and unfounded on the following grounds: When making the decision, the Court incorrectly determined and clarified the range of circumstances relevant to the case.
In accordance with paragraph 1 of Article 917 of the Civil Code of the Republic of Kazakhstan, damage (property and (or) non-property) caused by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full. On August 19, 2017, at about 6:30 p.m., I was returning home from work. In the courtyard of house No. 194, located on the street. ______________, the defendant ______________ N.S., who lives in the same building with me, was standing on the balcony trying to pull the glass out of the window frame. The window was located outside the balcony and, in the event of a fall, would have broken outside the defendant's territory. Passing by, I made a remark ______________ Mr. N., to which the defendant replied in a rather rude manner that it was none of my business that he was able to hold the glass. When I entered the apartment, I left my bag in the hallway and went back to the store to buy bread. As I was leaving the entrance, I suddenly heard a crash (as it turned out later, falling glass). I almost fainted from the intense pain. When the glass fell from the defendant's balcony, located directly above the entrance, the glass cut my left arm from shoulder to elbow. I don't remember what happened next. I lost consciousness due to heavy blood loss. I only woke up in an ambulance that was taking me to the city's emergency hospital. The glass left a 34 cm deep wound on his left arm when he fell. On the same day, I underwent surgery and received 29 stitches. The postoperative period was very painful. For two months, I was practically unable to move my arm, because every movement of my arm created unbearable pain for me. I was constantly taking painkillers, applying various medications to the wound site, and taking medications prescribed by my doctor. In total, I spent 175 000 tenge on treatment. In addition, I have a scar at the site of the wound, which spoils the appearance of my hand. To bring my hand into an aesthetic appearance, I need to have 2 plastic surgeries, the cost of each of them is 150,000 tenge. On October 20, 2017, I handed the defendant a written claim asking him to reimburse me for my medical expenses, as well as to pay for upcoming surgeries, to which I received a very comprehensive response, again in a rough form, which generally boils down to the fact that there are no funds. ______________ N.S. is not going to pay me. In addition, the defendant stated that I was to blame for what happened, because "I was in the wrong place at the wrong time."
Based on the above and in accordance with Articles 917, 924, the Civil Code of the Republic of Kazakhstan and Articles 434, 451 of the Civil Procedure Code of the Republic of Kazakhstan,
P R O W U:
The decision of the appellate judicial board of the Almaty City Court of February 02, 2018, to cancel and send the case for a new hearing to the court of appeal with a different composition of judges.
Application: 1) a copy of the cassation petition 2) a copy of the decision of the appellate judicial board of the Almaty City Court dated 04/02/2018 3) a copy of the decision of the Almaly District Court of Almaty dated 11/25/2017
The plaintiff ____________/ _____________. "___"____________2018 the year
Lawyer: ________________/ Sarzhanov G.T. "___"___________2018 the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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