A fatal road accident involving a bus and a moped in Almaty led to court proceedings that revealed the bus owner company had avoided civil liability. The Prosecutor General's Office intervened in the situation, reports infohub.kz.
According to NUR.KZ, citing the supervisory authority, the accident claimed the life of a woman. The court found the drivers — citizens I. and K. — guilty and ordered them to jointly pay the victim 25 million tenge in moral damages.
However, while reviewing the case, the prosecutor's office raised a question: why was the harm caused by a source of increased danger recovered only from the drivers, while the bus owner — a partnership — was never recognized as a civil defendant.
"Although by law the enterprise is obliged to bear joint liability for harm caused by a source of increased danger, that is, for the activities of its employees," the supervisory authority stated.
As a result, following a protest by the Prosecutor General's Office, the cassation court overturned the judicial acts regarding the civil claim and returned the case for a new trial — to establish the amount of material liability of the convicted individuals and the legal entity.