Compensation for moral damage caused as a result of the crime of traffic accidents
In accordance with part 11 of Article 71 of the CPC, in cases of crimes that resulted in the death of a person, the victim's rights are exercised by close relatives of the deceased's spouse who suffered moral damage as a result of a criminal offense. M. filed a lawsuit against LLP "G" for compensation for moral damage caused as a result of the crime. In support of the claim, she indicated that on November 04, 2011, due to the fault of the driver of G LLP, B., on the basis of a waybill driving a KamAZ car owned by the defendant, a traffic accident occurred, as a result of which her son, M., who was driving a Toyota Land Cruser Prado car, died. The criminal case against B. under part 2 of Article 296 of the Criminal Code was terminated on non-rehabilitative grounds on the basis of an act of amnesty at the stage of pre-trial proceedings, and therefore the victim M. lost the right to file a civil claim in criminal proceedings. In compensation for moral damage caused in connection with the death of her son, M. asked to collect compensation in the amount of 5,000,000 tenge from LLP "G", as the owner of the source of increased danger. By the decision of the Saransk City Court of the Karaganda region dated July 28, 2014, M.'s claim was partially satisfied and 1,500,000 tenge was recovered from LLP G in favor of M. in compensation for moral damage.
The court of appeal upheld the decision of the court of first instance. By a decision of the court of cassation, the judicial acts of the courts of first and appellate instances regarding the satisfaction of M.'s claims were annulled with the issuance of a new decision in this part to dismiss the claim. As it was established in the case, as a result of a collision between a KamAZ truck driven by the driver of G.B. LLP and a Toyota Land Cruser Prado driven by M., which took place on November 04, 2011, the latter died from his injuries. By the investigator's decision of March 16, 2012, the criminal case against B. under part 2 of Article 296 of the Criminal Code was terminated on the basis of an amnesty act. By virtue of paragraph 1 of Article 917 of the Civil Code, damage 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. In accordance with paragraph 1 of Article 931 of the Civil Code, legal entities and citizens whose activities are associated with increased danger to others (transport organizations, industrial enterprises, construction sites, vehicle owners) are required to compensate for the damage caused by a source of increased danger, unless they prove that the damage was caused by force majeure or intent of the victim.
The obligation to compensate for damage is imposed on a legal entity or citizen who owns a source of increased danger by right of ownership, right of economic management or right of operational management, or on any other legal basis (lease agreement, power of attorney for the right to drive a vehicle). According to paragraph 1 of Article 951 of the Civil Code, moral harm is a violation, diminution or deprivation of personal non-property benefits and rights of individuals, including moral or physical suffering (humiliation, irritation, depression, anger, shame, despair, physical pain, inferiority, discomfort) experienced by the victim in as a result of the offense committed against him. The Court of cassation motivated the annulment of judicial acts of the first and appellate instances by the conclusion that the mother of the deceased M. There are no legal grounds for claiming compensation for moral damage in connection with the death of his son, indicating that individuals who have personally suffered from an offense committed against them have such a right. This conclusion of the court of cassation contradicts the provisions of Chapter 47 of the Civil Code (obligations arising from harm), made without taking into account the explanations given in paragraph 3 of the normative resolution of the Supreme Court No. 3 of June 21, 2001 "On the application by courts of legislation on compensation for moral damage." According to paragraph 3 of the above-mentioned normative resolution of the Supreme Court, moral harm should be understood as the moral or physical suffering experienced by a citizen as a result of an unlawful violation, diminution or deprivation of personal non-property rights and benefits belonging to him. Moral suffering as an emotional and volitional experience of a person should be understood as feelings of humiliation, irritation, depression, anger, shame, despair, inferiority, and discomfort. These feelings may be caused, for example, by unlawful encroachment Bulletin of the Supreme Court of the Republic of Kazakhstan No. 6/2015 16 on the life and health of both the victim and his close relatives (parents, spouse, child, brother, sister), causing harm to health. In accordance with part 11 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, in cases of crimes resulting in the death of a person, the victim's rights are exercised by close relatives, the spouse of the deceased, who suffered moral harm by a criminal offense. The deceased M. He was the son of M., who was recognized as a victim in the criminal proceedings. According to part 5 of Article 71 of the CPC, if the victim's claim for compensation for moral damage has not been filed in criminal proceedings, the victim has the right to file it in civil proceedings. In the present civil case, M. claimed only compensation for moral damage, and did not raise the issue of recovering a significant amount of property damage caused as a result of B.'s culpable actions. and owned by G LLP, a source of increased danger, including damage to a Toyota Land Cruser Prado car. In such circumstances, the courts of the first and appellate instances made reasonable conclusions about the infliction of moral harm by M., which LLP "G" is obliged to compensate as the owner of the source of increased danger.
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