Statement of claim for compensation of moral damage and recovery of damages
Attention! The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the Zhitikarinsky district Court of Kostanay region
plaintiff: KUHN, born on 07/11/1985, IIN .... place of residence: Gitikara, ul....
cell phone number 8708......
the defendant: VVViktorovna born on 01/08/1981, IIN ......
place of residence: g. Gitikara, ul. ... sot. tel. .....
The price of the claim: 50,000 tenge
Statement of claim
on compensation for moral damage and recovery of losses
The defendant, on June 28, 2022, at about 17:00, while at the address: Zhitikara, Sh...., 19, struck me with her hand and foot on various parts of my body, which caused me to have a hematoma and an abrasion in the area of my right elbow, an abrasion on my right knee, a hematoma on my right thigh from the inside, and swelling on the left side of the neck, which, according to the conclusion of the expert of the forensic medical examination No. 264 dated June 29, 2022, caused minor harm to health. Thus, the defendant caused me physical pain and suffering, which, in accordance with art. 951 of the Civil Code of the Republic of Kazakhstan, constitute moral harm. Vagner V.V. was found guilty of committing an administrative offense under Part 1 of Article 73-1 of the Code of the Republic of Kazakhstan "On Administrative Offenses" by the decision of the Zhitikarinsky District Court of Kostanay region dated July 14, 2022, and an administrative penalty in the form of an administrative fine was imposed on her. The said court ruling entered into force on July 29, 2022.
Statement of claim for compensation of moral damage and recovery of damages
In accordance with Part 2 of Article 951 of the Civil Code of the Republic of Kazakhstan, "Moral damage is compensated by the causer in the presence of the causer's fault, except for the cases provided for in paragraph 3 of this Article." The defendant's guilt in causing moral harm to me has been proven by a court order that has entered into legal force. According to Part 1 of Article 952 of the Civil Code of the Republic of Kazakhstan, moral damage is compensated in monetary form. I believe that sufficient compensation for the moral damage caused to me is a sum of 100,000 tenge, which is subject to recovery from the defendant. During the court proceedings in the administrative case against the defendant, I also incurred expenses for legal assistance from a lawyer representing the victim in the amount of 50,000 tenge, which are recoverable from the defendant as damages, since the Code of the Republic of Kazakhstan "On Administrative Offenses" does not provide for reimbursement of expenses for the assistance of a representative, at the same time The representative's participation in the administrative case is confirmed by a notice of representation and is indicated in the court decision. The specified amount of expenses is confirmed by the legal aid agreement and the receipt. I also paid a state fee in the amount of 2,032 tenge for the consideration of the statement of claim, which is also subject to collection from the defendant.
Based on the above, I request: - to recover from V.V.V. in my favor the amount of compensation for moral damage in the amount of 100,000 tenge; - to recover from V.V.V. in my favor damages in the amount of 50,000 tenge; - to recover from V.V.V. court costs for the payment of the state fee in the amount of 2,032 tenge. Appendix: a copy of the receipt for payment of the state fee, a copy of the decision of the Zhitikarinsky District Court of Kostanay region dated 07/14/2022, a copy of the contract for the provision of legal assistance, a copy of the receipt for payment of legal assistance.
05.08.2022 Candidate of Law
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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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