Statement of claim for compensation of property damage and compensation for moral damage
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To the Zhitikarinsky district Court of Kostanay region
Plaintiff: N/A/V. IIN ..., born on 11/13/1989
place of residence: Zhitikarinsky district, Turgenovka village, K. str., 13, cell phone 8747....
plaintiff's representative: lawyer of the Kostanay Regional Collegium
lawyers Nigmetov Sabit Davletovich,
IIN 820125350700
place of residence: g. Gitikara, 4 mkr., 21, sq. 24, cell. tel. 87752667988
defendant: IP KH "..." (T.B.B.) IIN. address: Zhitikarinsky district,
S. Turgenovka, St. .., 39 cell.tel. 8777.... the price of the claim: 1,180,792 tenge.
Statement of claim
on compensation for property damage and compensation for moral damage
I am the owner of a Lada 21725 168-31 car, registration number ...01, 2014 release year. On August 10, 2021, at about 01:44 a.m., a traffic accident occurred on the Turgenovka –Zhitikara highway, namely, horses belonging to IP KH "/", which were unattended, jumped onto the highway and collided with a car belonging to me, in which I was in the passenger seat. As a result of the collision, I received injuries in the form of a closed fracture of the left collarbone with displacement, my husband P.N.A. He received injuries in the form of a closed craniocerebral injury and a fracture of the bridge of the nose. The car suffered the following damage: - the front bumper and its fasteners were broken - the radiator grille was broken - the hood was dented - the front headlights were broken - the roof and side pillars were jammed - the front windshield was broken - the left front wing was dented - the rear-view mirror was broken - both front doors were dented - the glass of the front doors was broken - the steering wheel was damaged - the instrument panel is damaged - the interior lighting is damaged - the sun visor on the left is damaged - the fuse box cover is damaged - the front left wing is damaged - the brake fluid reservoir is damaged. As a result of the collision, I suffered physical pain and suffering, I experienced pain at the fracture site and discomfort, underwent surgery for a fractured collarbone, and was restricted in movement for 7 months because it was impossible to put stress on my left arm, which also caused me discomfort. Thus, I suffered moral damage, which I estimate at 300,000 tenge.
According to Part 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." According to Part 3 of 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: 1) harm is caused to the life and health of a citizen by a source of increased danger." According to part 1 of art . 931 of the Civil Code of the Republic of Kazakhstan – "Legal entities and citizens whose activities are associated with increased danger to others (transport organizations, industrial enterprises, construction sites, vehicle owners, etc.) are obliged to compensate for the damage caused by a source of increased danger, unless they prove that the damage was caused by force majeure or intent of the victim. The obligation to compensate for damage is imposed on a legal entity or citizen who owns a source of increased danger by right of ownership, right of economic management or right of operational management, or on any other legal basis (lease agreement, power of attorney for the right to drive a vehicle, by virtue of an order of the competent authority on the transfer of the source, etc.). The above is confirmed by the certificate of registration of the vehicle, the decision to terminate the pre–trial investigation, the report on the assessment of the market value of direct damage dated 05/16/2022, extracts from the medical records of P.V.V., P.N.A., temporary disability sheets, photographs of the car.
Also, my arguments can be confirmed by witnesses – P.N.A., place of residence: Zhitikarinsky district, Turgenovka village, Komsomolskaya str., 13, cell phone (WhatsApp) 87713682391, Lopatina Natalia Nikolaevna, place of residence: g. Gitikara, mkr. 11, 6, sq. 6, cell phone (WhatsApp) 87774476078, Lopatin Vladimir Mikhailovich, place of residence: g. Gitikara, mkr. 11, 6, sq. 6, cell phone (WhatsApp) 87052543410. According to Part 1 of Article 9 of the Civil Code of the Republic of Kazakhstan, "The protection of civil rights is carried out by a court or arbitration through: recognition of rights; restoration of the situation that existed before the violation of the right; suppression of actions that violate the right or create a threat of its violation; award of duties in kind; recovery of damages, penalties; recognition of the disputed transaction as invalid and the application of the consequences of its invalidity, the application of the consequences of the invalidity of a void transaction; compensation for moral damage; termination or modification of legal relations; invalidation or non-enforceability of an act of a public administration body or a local representative or executive body that does not comply with the legislation of the Republic of Kazakhstan; collection of a fine from a state body or official for obstructing a citizen or a legal entity in acquiring or exercising a right, as well as by other means provided for by legislative acts of the Republic of Kazakhstan." According to Part 1 of art. 8 of the Civil Procedure Code of the Republic of Kazakhstan – "Everyone has the right, in accordance with the procedure established by this Code, to apply to the court for protection of violated or disputed rights, freedoms or legitimate interests." IP KH Bazylkhan, represented by B.B. Tayguldinov, left his horses unattended, which led to a collision between the horses and my car and, as a result, caused me moral and material harm, which is subject to compensation by the defendant as the owner of the source of increased danger.
To determine the damage caused to the car, I applied for a report to the IP "Business Consult", the cost of which was 70,000 tenge. I also applied for legal assistance from a lawyer, whose services cost 100,000 tenge. I also paid a state fee in the amount of 13,340 tenge. These expenses, in accordance with the Civil Procedure Code of the Republic of Kazakhstan, are court expenses and are subject to recovery from the defendant. Based on the above, I ask the court to: - Recover from the defendant IP KH "Bazylkhan" in my favor the amount of property damage in the amount of 1,180,792 tenge; - To recover from the defendant IP KH "Bazylkhan" in my favor the amount of compensation for moral damage in the amount of 300,000 tenge; - To recover from the defendant IP KH "Bazylkhan" in my favor the amount of court costs incurred in the amount of 183 340 tenge. - To interrogate the witnesses at the court session – P.Nikolay Alexandrovich, place of residence: Zhitikarinsky district, Turgenovka village, Komsomolskaya str., 13, cell phone. (WhatsApp) 87713682391, Lopatina Natalia Nikolaevna, place of residence: g. Gitikara, mkr. 11, 6, sq. 6, cell.tel. (WhatsApp) 87774476078, L.Vladimir Mikhailovich, place of residence: g. Gitikara, mkr. 11, 6, sq. 6, cell.tel. (WhatsApp) 87052543410. Appendix: copies of 2 receipts for payment of the state fee, a copy of the certificate of registration of the vehicle (Kulik kuralyn tirkeu turaly kualik), a copy of the decision to terminate the pre-trial investigation, extracts from the medical card of Pashina V.V., extracts from the medical card of Pashina N.A., copies of temporary disability sheets, a copy of the contract with the sole proprietor "Business Consult", a copy of the receipt of the IP "Business Consult", a copy of the contract for the provision of legal assistance, a copy of the receipt for payment of legal assistance, a copy of the power of attorney, a copy of the notice of representation, a copy of the lawyer's certificate, photos of the car.
07/08/2022 P. V.V. representative S.D. Nigmetov
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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