The right to compensation in case of death of the victim
In the event of the death of the victim, persons who received certain maintenance during their lifetime from this person, which they lost as a result of his death, have the right to compensation. Article 940 of the Civil Code provides a list of persons entitled to such compensation.
Persons who are entitled to compensation for harm in connection with the death of a citizen, the harm is compensated in the amount of the share of earnings (income) of the deceased, calculated according to the rules of art. 938 of the Civil Code, which they received or had the right to receive for their maintenance during his lifetime. The share of the deceased's earnings is determined by the number of persons eligible for compensation and divided by their number.
In case of death of the victim, the persons responsible for the damage are also obliged to reimburse the funeral expenses to the person who incurred these expenses. At the same time, the burial allowance received by citizens who have incurred these expenses is not counted as compensation for damage.
Paragraph 12 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On certain issues of application by the courts of the Republic of legislation on compensation for damage caused to health" states what should be attributed to funeral expenses.
In practice, when resolving the issue of reimbursement of funeral expenses, many other issues arise, primarily when determining the amount of such expenses. As a rule, the person responsible for the damage does not agree with the amount of expenses charged for recovery, and is considered to be overstated.
When resolving these issues, one should proceed from the customs and traditions of the area, as well as the average cost of the disputed funeral services. It should be noted that in practice, expenses related to the memorial dinner are reimbursed only on the day of the funeral in the amount actually incurred. The remaining expenses related to memorial dinners on 7, 9, 40 days and a year are not reimbursable.
In case of injury to life and health as a result of an accident, in accordance with clause 1, clause 1, Article 951 of the Civil Code, the victim has the right to compensation for moral damage, regardless of the fault of the causer, since harm is caused to the life and health of a citizen by a source of increased danger.
In practice, those responsible for the harm caused by the source of increased danger often refer to the victim's guilt.
When collecting the amount of moral damage, the court must be guided by the principle of sufficiency and its fairness, taking into account the degree of moral and physical suffering caused to the victim, as well as the severity of the consequences.
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