Complaint about compensation for material and moral damage

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To the Appellate Judicial Board of the Amatinsky City Court

From the Plaintiff: ________________ 11.07.1989 year of birth IIN  ________________

Residence: Almaty, ul. ______________ 194/14 mobile phone number ______________

Lawyer of Law Firm No. 6 AGCA Sarzhanov G.T., office 64 Bukhar zhyrau, Almaty 15. + 7 (708) 578 57 58.

THE APPEAL

on the decision of the Almalinsky district court of Almaty dated 11/25/20.. year

By the decision of the district court No. 2 of Almaly district of Almaty dated 11/25/20.. my claims for compensation for material damage and moral damage were denied. According to paragraphs 1,4, paragraph 1 of Article 427 of the CPC RK, the grounds for revoking or changing a court decision on appeal are: 1) incorrect definition and clarification of the range of circumstances relevant to the case; 2) violation or improper application of substantive or procedural law. I consider the decision of the court of first instance 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. Complaint about compensation for material and moral damage on August 19, 20.. 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 out glass from 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. As I passed by, I made a remark to N. Bektasov, 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. October 20, 20.. After a year, 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." Complaint for compensation of material and moral damage According to paragraph 3 of Article 424 of the CPC RK, the court of appeal has the right to reverse the decision of the court of first instance and make a new decision. Based on the above and in accordance with Articles 917, 924 of the Civil Code of the Republic of Kazakhstan and Articles 424, 427 of the Civil Procedure Code of the Republic of Kazakhstan,

P R O W U COURT:

1. The decision of the district court No. 2 of Almaly district of Almaty dated 11/25/20.. to cancel and make a new decision on the satisfaction of claims for compensation for material damage and moral damage in full.

Application: 1) a copy of the appeal; 2) a copy of the decision of the district court No. 2 of Almaly district dated 11/25/20.. 3) a receipt for payment of state duty;

Sincerely, the Plaintiff ___________/ ________________ "____"________________ 20.. G.

Lawyer: _____________/Sarzhanov G.T. "___"___________20..year

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