Compensation for material damage, the amount of loss of market value after repair, representative expenses
On December 20, 2020, the KDA (hereinafter referred to as the Defendant), being in a state of moderate intoxication, driving a Mazda 626 car, state number 9... RAA 0.., following Al-Farabi Avenue in an easterly direction in Almaty, at the corner with Seifullina Street, due to non-compliance with the distance interval, committed collision with a Hyundai Elantra car, state number 00.. BB.. 02, driven by ASA R.M. As a result of a traffic accident, the vehicles suffered mechanical damage with material damage. Thus, on December 21, 2020, the Specialized Interdistrict Administrative Court of Almaty, chaired by a judge, considered the case of administrative offense No...... at a court hearing. in relation to KDA, the case of an administrative offense, where the Court ruled: To find KDA guilty of committing an administrative offense under Part 3 of Article 608 of the Code of the Republic of Kazakhstan "On Administrative Offenses" (Driving a vehicle by a driver who is in a state of alcoholic, narcotic and (or) substance abuse intoxication, as well as transferring control of the vehicle to a person, who is in a state of alcoholic, drug and (or) substance abuse intoxication) and subject to administrative punishment in the form of administrative arrest for a period of 20 (twenty) days and deprivation of the right to drive a vehicle for a period of 7 (seven) years. At the court hearing, the KDA confirmed the facts stated in the case file via mobile video, fully admitted guilt under part 3 of Article 608 of the Administrative Code, and repented of his actions. The Hyundai Elantra car, state number 002 B... 02, with which the Defendant collided with causing material damage, is a 2019 model year car and is located in the Hyundai Center of Almaty, Hyundai Premium Almaty LLP, under warranty. The owner of the above-mentioned car is TSAL (hereinafter referred to as the Plaintiff). In accordance with art . 3, the Law of the Republic of Kazakhstan of the Republic of Kazakhstan "On compulsory insurance of civil liability of vehicle owners" (hereinafter referred to as the Law) is the object of compulsory insurance of civil liability of vehicle owners (hereinafter referred to as the Law). - compulsory liability insurance of vehicle owners) is the property interest of the insured person related to his obligation, established by the civil legislation of the Republic of Kazakhstan, to compensate for damage caused to life, health and (or) property of third parties as a result of the operation of the vehicle as a source of increased danger.
Compensation for material damage, the amount of loss of market value after repair, representative expenses
Thus, article 19 of the Law provides for the maximum amount of liability for damage caused to the property of one victim, in the amount of the damage caused, but not more than 600 monthly calculation indices. Thus, the insurance company "Halyk" paid 600 MCI, that is, 1,750,200 tenge. However, as we said above, the Hyundai Elantra car is a 2019 car and is located in the Hyundai Center of Almaty, Hyundai Premium Almaty LLP, under warranty, in order to maintain warranty service, we are forced to carry out repair and restoration work at Hyundai Premium Almaty LLP. Thus, the partnership issued us an Opinion No. 00146 dated January 22, 2021 on the cost of She repaired the car in the amount of 2,874,298 tenge and issued an invoice for payment. Based on the above, on January 28, 2021, we contacted the Defendant to comply with the pre-trial procedure, and if our claims are not satisfied in accordance with Articles 159, 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, we have the right to apply to the court with a claim for compensation by the causer of the damage for the difference between insurance compensation and the actual amount of damage. The difference from the insurance payment in the amount of 1,750,200 tenge and the cost of repairing a car in the amount of 2,874,298 tenge amounted to 1,124,098 tenge. To date, the Defendant has been notified and has made it clear to the Plaintiff about the refusal to settle in court. In accordance with paragraph 1 of Article 917 of the Civil Code of the Republic of Kazakhstan, it is stipulated that damage to property 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. Thus, the Defendant caused real material harm by driving while intoxicated. By virtue of clause 4 of Article 9 of the Civil Code of the Republic of Kazakhstan, a person whose right has been violated may demand full compensation for the losses caused to him, unless otherwise provided by legislative acts or a contract. Losses mean expenses that are incurred or should be incurred by a person whose right has been violated, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of turnover if his right had not been violated (lost profits). In addition, as we know, a restored car will lose its market value after an accident. Accordingly, having studied the car market, we found that the minimum amount of the lost market value of the Elantra car, state number 00.. 02, 2019, will be 500,000 tenge.
Resolution No. 14 of the Board of the National Bank of the Republic of Kazakhstan dated January 28, 2016 approved the Rules for Determining the Amount of Damage Caused to a Vehicle (hereinafter referred to as the Rules), which establish common approaches and methods for determining the amount of damage caused to a vehicle within the framework of a compulsory civil liability insurance contract for vehicle owners. By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices. According to 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." According to clauses 1, 1, art. 610 of the Tax Code of the Republic of Kazakhstan, which stipulates that from statements of claim filed with the court, statements of special claim proceedings, statements (complaints) in cases of special proceedings, applications for a court order, applications for the issuance of a duplicate writ of execution, applications for the issuance of writ of execution for the enforcement of decisions of arbitration and foreign courts, applications for repeated When issuing copies of judicial acts, writ of execution and other documents, the state fee is charged in the following amounts: unless otherwise established by this paragraph, from property claims: for individuals - 1 percent of the amount of the claim. Based on the above and in accordance with art. 917 of the Civil Code of the Republic of Kazakhstan, the Court was asked:
To recover from the Defendant KDA in favor of the Plaintiff TSAL the amount of material damage in the amount of 1,124,098 (one million one hundred twenty-four thousand ninety-eight) tenge;
To recover from the Defendant KDA in favor of the Plaintiff CAL the amount of loss of commodity value after repair in the amount of 500,000 tenge;
To collect from the Defendant KDA in favor of the Plaintiff TSAL representative expenses in the amount of 162 410 tenge;
To collect from the Defendant in favor of the Plaintiff a refund of the paid state duty in the amount of 16,240 tenge.
On March 25, 2021, the judge of the Talgar District Court of the Almaty region, having considered the civil case, satisfied the claim of the Plaintiff CAL to the Defendant CDA for compensation for material damage in full.
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