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TCO bus crashes into house (+update, +update)

October 17 2013, 10:09

By Saule Tasbulatova

Late October 10, a big size shuttle bus belonging to Tengizchevroil LLP crashed into a residential house at 211 Moldagulova Street in Atyrau and knocked down half the building.

As the result, the house owner was hospitalized.

"We were having teas in the kitchen. There were three of us sitting - me, my father-in-law and my 1.5-year-old daughter Aruzhan. Suddenly a rattle sounded and sand poured onto us. The hit threw my father-in-law off the chair. He is 76 and has bad sight, perhaps, he is still not aware what has happened. Shocked I shouted him that a bus had driven into the house! I was scared for my daughter thinking she had been killed under the wheels. Fortunately, she was safe. The table happened outside...," says Manshuk, one of the house dwellers.

The accident took place by the close of workday at the intersection of Zharbossynov and Moldagulova streets.

A Toyota Land Cruiser of Petrofac company was driving along Zharbossynov to the direction of Avangard District when the bus was heading to Satpayev through main road Moldagulova.

Early version says, Land Cruiser was crossing Moldagulova at the moment and the collision happened right in the middle of the intersection. After hitting the Toyota, the bus crashed into the nearby house.

Sources said, the offroad car had two passengers, one of them a foreign national. The two were taken to hospital by an ambulance before police arrived. 

The bus driver, an old man, had received no injury, but was in a state of shock. He had had just left the garage for the scheduled delivery of employees from work.

After the incident he felt bad and was hospitalized too.

To the scene shortly arrived gas specialists and blocked valves, as the bus had also torn gas pipes and run over a domestic gas distributing box.

THERE IS NOBODY HERE

According to Gulnazira Mukhtarova, the head of the press service of the Department of Internal Affairs, with relation to 55-year-old Toyota Land Cruiser driver (Petrofac Kazakhstan’s employee) an administrative protocol has been filed as per Art. 468-1 of RoK Administrative Code ("Traffic rules violation by persons operating vehicles").

– Case papers are sent to court. According to our records, "Mercedes Benz" 60yo bus driver and 75 yo house owner received first medical aid. We have no other information about injured persons, - said Mukhtarova.

We approached Petrofac Kazakhstan Limited with a question of compensation payment to the family whose house was damaged. Company representative, an expat, said through the interpreter the following:

– We will not comment on the situation because we are waiting for the answer from our head office.

– But do you consider the issue of paying compensation for the damage at all?

– This is the question to the head office. We have nobody here.

During week-end Sagidolla Zhamalov told us that currently they are living with his wife’s relatives:

– My younger brother lives in the damaged house. There is no power and no gas. But we cannot leave the house unattended, because it is dangerous … My father was released from the hospital the same evening. He had no bone fractures, only bruises. He is very old, besides he is disabled, so he won't be able to stay in a cold house. Now he lives with my wife’s relatives.

– Did anybody from the company talk to you?

– I had a phone call from the person called Erlan and he said that they will restore the house, but only after evaluation of the damage by the commission. He also said that they can provide a temporary housing - 2-roomed apartment. But if we agree to move into a temporary house, they may not reconstruct our house? As I understood from our conversation with the company representative, they haven’t decided yet how they are going to compensate. They may, simply, pay the money. TCO representatives also came and they looked for the bus number under ruins, but they couldn't find it. I wasn’t at house at that time and my brother asked them about the house reconstruction. They said: we have nothing to do with it and let those who are guilty to pay compensation.

Before this newspaper has gone to print we again contacted Sagidolla. He said that nobody from the company called him yet.

THIS IS INSURANCE COMPANY’S BUSINESS

Tatyana Mokhnachyova, the lawyer of “Slovo Zashity” (Word of Defense) Lawyers’ office, to our request to comment on the situation, said the following:

- It is necessary to find out who was responsible for the accident. If nobody was seriously injured during the road accident, then the person responsible for the accident should be brought to administrative responsibility through judicial process. In your publication you mentioned that the participants of the road accident-off road vehicle and bus belonged to major companies. In accordance with the RoK Civil Code legal entities and individuals, whose activity is connected with increased risk for the surrounding, including transportation organizations, industrial enterprises, transport owners, etc., are obligated to compensate the damage incurred by a source of increased risk.  

Obligatory compensation lies with legal entities and individuals who own the source of increased risk (transportation vehicle) as a property, on the basis of right of economic jurisdiction or operations management, or any other legal basis. Damage incurred by one party is indemnified in full by this party. Due to this, the company as the owner of transpiration vehicle operated by its employee, is responsible for the material damage incurred. In other words, the company is obligated to compensate the damage in full. Therefore, after the enforcement of the court decision about bringing the offender to responsibility, it is necessary to evaluate material damage and apply in a written form to the company- the owner of the transpiration vehicle- for full compensation of the damage incurred during road accident.

In case the written application of the affected party remains unaddressed and material damage has not been compensated on a voluntary basis, then it is necessary to appeal to court with the statement of claim from the company of the material damage caused. It should be noted, that by the RoK Law “On Mandatory Insurance of Civil Responsibility of Vehicle Owners” it is envisaged that civil responsibility of owners of automobiles, trucks, buses, minibuses and other types of vehicles, registered (or subject to state registration) in road police offices is subject to mandatory insurance, since the purpose of mandatory insurance of responsibility of vehicles’ owners is to ensure the protection of property interests, lives, health and (or) property of the third parties who suffered damage as the result of vehicle operation through payment of insurance premium. In this case it is the issue of protection of property rights of victims.

It can believed that the responsibility before the third parties in the abovementioned companies is insured, otherwise, according to the standards of the abovementioned law, the operation of vehicle is not allowed. Therefore it is necessary to find out in which insurance company the owner of the vehicle has insured its civil responsibility and the indemnitee should approach that insurance company with the corresponding statement about occurrence of the insured event.

As a rule, it is insurance companies that deal with all procedures related to assessment of damage up to payment of insurance premium which should contribute to compensation of damage in a timely and fastest manner.

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