Statement of claim for compensation of material damage and moral damage

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To the judge of the district court of the Bostandyk district of Almaty, G.D. Zharikova.

Plaintiff: Damir Sergalievich Kosanov IIN 778

Registration address: Almaty, Bostandyk district, md. Khan Tengri, 191

Contact phone number: 8 700 555 77 88

Representative Lawyer of Law Firm No. 6 AGCA Sarzhanov G.T.Almaty, Bukhar zhyrau, 64, office 15.

+ 7 (708) 578 57 58.

Defendant: Gariev Gani Khismetovich IIN 801225700777

Registration address: Almaty, Bostandyk district, md. Khan Tengri, 199

Contact phone number: 8 701 669 55 00

Statement of claim

on recovery of material damage and moral damage

On November 01, 2018, at 10 a.m., he left a private house located in Almaty, Bostandyk district, md. 191 Khan-Tengri Street to take out the garbage in a dumpster. The dumpster is 400 (four hundred) meters from my house. The house is located in the private sector, and in almost every 10 houses, 3 houses have guard dogs of different breeds. At about 10:15, passing by a neighbor's house located just below the address mkr. Khan-Tengri, 199, a neighbor (the defendant) came out and held his dog alabai, named Bison, on a leash. Passing by, the defendant greeted me and reminded me that he had an unpaid debt to me and was not going to repay it, and if I bothered him and called him, he would unleash his big dog on me. After that, I went on to the dumpster, but when I started to approach the container, I heard a loud cry of "no" and saw the neighbor's dog approaching me. As I learned from the dog's owner, she broke off the leash and ran towards me and began to mercilessly bite my legs. I tried to fend her off, but I couldn't, so the dog also bit my hands when trying to fend her off. Later, the dog's owner ran up and chased her away from me and called an ambulance.

 

Then the ambulance arrived and I was admitted to the hospital for two weeks for inpatient treatment. During the two weeks that I was in the hospital, the dog's owner never came, did not apologize even on the phone. After being discharged, I verbally contacted the defendant and asked him to reimburse me for the expenses I had spent on restoring my health, but he refused, as it was my own fault and I had to climb off the dog onto the dumpster and nothing like that happened. I understood from his words that he was not going to reimburse the expenses under any circumstances. The hospital's accounting department issued me an invoice in the amount of 90,000 (ninety thousand) tenge at the rate of 6,000 tenge per bed/place and injections, I purchased medicines in the pharmacy in the amount of 40,000 (forty thousand) tenge (invoice, receipts and other supporting accounting documents are attached to the claim) 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. Besides, the dog's attack caused me moral damage. Moreover, at the moment, after this incident, I am psychologically depressed and I feel fear when I go home, suddenly his dog or another one will jump out and bite me. According to clause 1, clause 3, Article 951 of the Civil Code of the Republic of Kazakhstan, moral damage is compensated, regardless of the fault of the causer, in cases where harm is caused to the life and health of a citizen by a source of increased danger. According to paragraph 1 of Article 952 of the Civil Code of the Republic of Kazakhstan, moral damage is compensated in monetary form. I estimate the moral damage caused to me at 250,000 tenge.

 

Based on the above and in accordance with paragraph 1 of Article 917 of the Civil Code of the Republic of Kazakhstan, paragraph 1 of paragraph 3 of Article 951 of the Civil Code of the Republic of Kazakhstan, paragraph 1 of Article 952 of the Civil Code of the Republic of Kazakhstan and Articles 148-149 of the Civil Code of the Republic of Kazakhstan,

P R O W U COURT:

To recover from the defendant Gariev Gani Khismetovich IIN 801225700777 in my favor the amount of material damage in the amount of 130,000 (one hundred and thirty) tenge

2. to recover from the defendant the amount of moral damage in the amount of 250,000 (two hundred and fifty) tenge for moral damage.

Application: 1.a copy of the statement of claim 2.receipt of payment of the state fee 3.a copy of the identity card 4.address information 5.Receipts, receipts, invoice confirming the cost of treatment;

Sincerely, Lawyer:                                                                   ________________/Sarzhanov G.T. "___"___________2018 the year

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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