A Shymkent inter-district civil court has ordered an insurance company to pay 5,190,000 tenge to a passenger who was classified as a Group II disabled person after a road accident on the Kyzylorda–Shieli highway, the website infohub.kz reports.
According to the official Telegram channel of Shymkent courts, the plaintiff filed a claim with the inter-district civil court seeking an insurance payout from the insurance company.
The proceedings established that in August 2024 a Toyota Alphard was involved in a road accident on the Kyzylorda–Shieli highway. The plaintiff was injured in the crash and was assigned Group II disability status. The driver's guilt was confirmed by a court verdict that has entered into legal force. The at-fault driver's liability was insured with the insurance company.
The plaintiff applied to the insurance company for payment but was refused. The company cited the fact that the driver had been carrying passengers for a fee through an app, and that the damage should therefore be compensated under carrier liability insurance.
The court rejected the defendant's argument, since the driver was not registered as an individual entrepreneur, did not hold a passenger transport license and had not concluded a mandatory carrier liability insurance contract. The presence of signs of illegal business activity in the driver's actions does not mean he acquired official carrier status. This circumstance cannot serve as grounds for restricting the plaintiff's rights or releasing the insurance company from payment.
Article 29 of the Law "On Mandatory Insurance of Civil Liability of Vehicle Owners" sets out an exhaustive list of grounds for refusing an insurance payout, and the reasons cited by the insurance company are not among them.
The Shymkent inter-district civil court upheld the claim, awarding the plaintiff 5,190,000 tenge from the insurance company. The court decision has entered into legal force.