Compensation for moral damage in case of violations of safety regulations
Occupational safety and health requirements are established by regulatory legal acts of the Republic of Kazakhstan and must contain rules, procedures and criteria aimed at preserving the life and health of employees during their work.
Technical and legal norms include technical norms that have been consolidated in legal acts and thus acquired legal force.
Occupational safety and health issues are reflected in section 5 of the Labor Code of the Republic of Kazakhstan.
By the decision of the Ekibastuz City Court of February 24, 2015, compensation in the amount of 1 million tenge was collected in favor of T.S.'s relatives from JSC Eurasian Energy Corporation in connection with the death of her son at work. As it was established, according to the Industrial Accident Act, V.M. T-kih, who works as a driver at JSC, died. The accident occurred due to an unintentional hit-and-run by a Kamaz-53202 car driven by an employee of the joint-stock company, the degree of fault of the employer is 100%, the employee is 0%. The main reason indicated in the Act is a violation of safety requirements during vehicle operation, which resulted in maneuvering without first making sure that the maneuver was safe for surrounding pedestrians and there was no interference with other vehicles, as a result of which the Kamaz car rolled back, while fatally injuring the plaintiff's son. According to Article 921 of the Civil Code, a legal entity or a citizen compensates for the damage caused by its employee in the performance of labor (official, official) duties.
The court did not accept the defendant's objections regarding the lack of grounds for compensation for moral harm to anyone other than the deceased employee himself, and also found that V.M. lived in the same apartment with the plaintiff, established the existence of stable family ties between the plaintiff and her son until the death of the latter, regardless of the presence of the deceased wife and child, the plaintiff's hopes that she placed on her son during his lifetime in terms of receiving care and attention from him throughout the plaintiff's life. The court also pointed out that payments under the terms of the Collective Agreement, as well as in accordance with labor law, made to the wife and child of the deceased plaintiff's son, cannot offset the moral suffering personally experienced by the plaintiff as a result of the death of her son at work, she suffered moral suffering in the form of despair, hopelessness, feelings of inferiority, the irritation and pain of losing a loved one.
By the decision of the Appellate Judicial Board for Civil and Administrative Cases of the Pavlodar Regional Court dated May 12, 2015, the court's decision was changed: compensation for moral damage was increased to 5 million tenge. At the same time, the board argued that when determining the amount of compensation, the court of first instance did not take into account the requirements of the Civil Code and the Regulatory Decree regarding the subjective assessment of the severity of moral and physical suffering caused and experienced by victims, and the vital importance of violated personal non-property benefits. The Board took into account that the plaintiff was actually dependent on her son, who took care of the mother, lived with her in the same apartment, took into account the severity of the damage caused, its consequences for the future life of the plaintiff, her age, as well as the financial condition of the defendant, which is one of the largest enterprises in Kazakhstan.
By the decision of the Saryarkinsky District Court of Astana, the claim of Mr. S.I. to Astana-Energia JSC for compensation for damage caused by injury to health was denied. According to the accident at work act, its causes were the failure of Mr. S.I. to comply with the requirements of paragraph 3.4.8. of the Safety Rules when working with tools and devices, expressed in the work of Mr. S.I. and Mr. T.I., i.e. with high-risk production equipment, without appropriate protective equipment (special glasses).
The employee's failure to comply with safety conditions resulted in injury to the plaintiff's health.
According to paragraph 2 of Article 951 of the Civil Code, moral damage is compensated by the causer if the causer is guilty. The court has not established any fault in the employer's actions in allowing the accident.
By the decision of the Yessil District Court of Astana, left unchanged by the court of appeal, 2 million tenge was recovered in favor of A.K.A. from Astana Regional Electric Grid Company JSC in compensation for moral damage. The court found that at the beginning of the shift, the plaintiff received a task to repair the load switch of the transformer substation. After the repair of the load switch was completed, the plaintiff contacted the dispatcher via the radio station and closed the outfit. After removing the grounding in the cells, applying voltage through the distribution substation, when checking the entry of the switch knives, he received an electric burn of 4 degrees of the upper extremities, 16% of the body area, and was deprived of both upper limbs. According to the act of special investigation of a serious accident, its causes were the employee's carelessness and lack of proper control by the responsible persons of the joint-stock company. The employee's fault is 50% and the employer's is 50%. When determining the amount of compensation, the court proceeded from the principles of fairness, reasonableness and sufficiency, took into account the circumstances of the case, the fact that the plaintiff, from the moment of injury, experiences disability, depression, irritation, hopelessness, needs outside help, cannot take care of himself, and is completely incapacitated.
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