On compensation of material damage and the amount of loss of commodity value
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A successful case
On compensation of material damage and the amount of loss of commodity value
The essence of the case is that on December 20, 2020, citizen S (hereinafter referred to as the Defendant), being in a state of moderate intoxication, driving a Mazda 626 car, collided with a Hyundai Elantra car driven by Citizen H (hereinafter referred to as the Plaintiff) due to non-compliance with the distance interval. 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 Judge G.K. Kasymova, considered an administrative offense case against the Defendant at a court hearing, where the Court ruled: To find the Defendant guilty of committing an administrative offense., provided for in part 3 of Article 608 of the Code of the Republic of Kazakhstan "On Administrative Offenses" 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. 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, the Hyundai Elantra car is a 2019 model year and is located in the Hyundai Center of Almaty, Hyundai Premium Almaty LLP, under warranty. So, in order to preserve the warranty service, the Plaintiff was forced to carry out repair and restoration work at Hyundai Premium Almaty LLP.
According to the LLP's Conclusion, the cost of repairing the car amounted to 2,874,298 tenge, and an invoice was issued for payment. In this regard, the Plaintiff sent a pre-trial appeal to the Defendant for voluntary compensation of the difference between the insurance payment and the actual cost of repairs, which amounted to 1,124,098 tenge. But the Defendant did not respond, whereas the defendant was duly notified. 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.
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.
Thus, the Plaintiff appealed to the court, and a statement of claim was filed. The court fully satisfied the claim of citizen H (Plaintiff) against citizen S (Defendant) for compensation for material damage and the amount of loss of market value after repairs. The Court ruled: To recover from the Defendant in favor of the Plaintiff the amount of material damage in the amount of 1,124,098 tenge, the amount of loss of market value after repairs in the amount of 500,000 tenge, representation expenses in the amount of 162,410 tenge, the cost of paying state duty in the amount of 16,240 tenge. Dear Client, In order to improve the quality of legal services, please follow the link /o-nas-2/otzyvy/ and leave your feedback / recommendations, for which we will be very grateful.
Sincerely, the Law and Law Law Company.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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