In the West Kazakhstan Region, a court has ordered compensation for the loss of a breadwinner after a grandson was left in his grandmother's care following the deaths of both parents, reports the website infohub.kz.
According to the press service of the West Kazakhstan Regional Court, a local resident filed a lawsuit seeking compensation for material damage and moral harm caused by the loss of the breadwinner, a one-time payment for the three years prior to the claim, and monthly payments for the loss of the breadwinner.
It was established that in 2014, the plaintiff's son died from a work-related injury while performing his duties. The family lost its breadwinner and main source of income. In 2022, the deceased's wife died, after which the plaintiff became the guardian of her minor grandson. The plaintiff stated that she was a pensioner at the time of her son's death, and after her daughter-in-law's death, she assumed guardianship of the grandson, who has a disability (Group III). She argued that she is entitled to compensation for the expected lifespan, and the minor grandson until age 18 or acquisition of working capacity. She also sought compensation for moral harm, as the family had not received any payments from the liable parties earlier.
After examining the evidence, the court partially granted the claim. It was established that the deceased's dependents included his minor son and mother, who became the child's sole legal representative after the death of the deceased's wife. The fault of the employer and a second organization, as well as the degree of their liability, were established by a court decision that had entered into force. In determining the amount of compensation, the deceased's average monthly earnings and the employer's earlier payment of 5 million tenge to the wife were taken into account.
As a result, the court ordered the employer to pay the plaintiff: one-time compensation for the three years prior to the claim — 1.6 million tenge; lifelong monthly payments — 45,000 tenge; moral damages — 1.5 million tenge. For the minor child: one-time compensation — 1.6 million tenge; monthly payments until age 18 — 32,000 tenge; moral damages — 1.5 million tenge.
From the other liable organization, the court ordered the plaintiff to receive: one-time compensation — 980,000 tenge; lifelong monthly payments — 27,000 tenge; moral damages — 1 million tenge. For the child: one-time compensation — 980,000 tenge; monthly payments until age 18 — 27,000 tenge; moral damages — 1 million tenge.
"The court's decision is aimed at ensuring social justice, restoring the violated rights of the deceased worker's family members, and protecting the interests of the minor child with a disability and his legal representative," the court said. "The decision has entered into legal force."