Compensation for moral damage for damage to the health or death of a citizen
When applying to the court for compensation for damage to the health or death of a citizen, often along with the claim for material damage, plaintiffs claim compensation for moral damage.
Such requirements are usually partially satisfied if moral harm is caused as a result of violation of personal non-property benefits provided for in art.951 of the Civil Code of the Republic of Kazakhstan.
Paragraph 3 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001 "On the application by courts of legislation on compensation for moral harm" clarified that personal non-property rights and benefits, the violation, deprivation or diminution of which may result in moral harm to the victim, should be understood as benefits belonging to a citizen from birth or by virtue of law rights that are inseparably linked related to his personality.
For example, by the decision of the Aksu city Court of the Pavlodar region dated April 06, 2015, the claim of A-ovoy A.T. in the interests of the minor son of A-ovoy M.T. to Ya-ev R.M. for compensation for moral damage was partially satisfied. 70,000 tenge was recovered from Ya-eva R.M. in favor of A-ovoy A.T. in compensation for moral damage. A-ova A.T., acting in the interests of her young son, A-nova Mustafa T-vic, born on July 05, 2010, filed a lawsuit against Ya-eva R.M. for recovery of moral damage. The defendant motivates his claim by causing damage on June 25, 2014. At 2:30 p.m., my son suffered minor injury in a traffic accident (hereinafter referred to as the accident). He asks for compensation for moral damage in the amount of 500,000 tenge. The court found that on June 25, 2014, at about 2:30 p.m., Ya-ev R.M., driving a MercedesBenz 260 car, registration number 028 BTA, in the parking lot of the Dostyk store located at No. 39 Auezova Street in Aksu, ran over while reversing on a pedestrian named Mustafa Tlekovich, born on July 05, 2010. As a result of the offense committed by the defendant, the victim suffered harm to his health.
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