Relatives of the driver who died at the open pit have recovered 2.1 million rubles of compensation for moral damage through the courts from the contractor of the coal-mining enterprise.
The emergency happened in November 2019. During the night shift during the technological process, a 200-ton BelAZ with a rock mass in the back fell from a height of fifteen meters. The 38-year-old driver was killed. As it turned out, during unloading, the dump truck drove onto the barrier shaft. The commission that conducted the investigation did not find the victim’s fault in the accident.
The parents of the Belazista estimated the moral damage caused by the tragic death of their son at four million rubles. Then they increased the amount of claims by another 400 thousand. In November 2020, the Anzhero-Sudzhensky city court ruled to partially satisfy the claim: to recover 1.4 million rubles from the LLC operating at the open pit mine. The defendant appealed against this decision, arguing that it does not contain specific reasons and conclusions justifying the amount of compensation. Say, during the trial, the argument about the deteriorating health of the father of the deceased driver was not fully confirmed, and the amount of compensation was greatly overestimated. But the regional court upheld the city’s decision.
As a result, 2.1 million rubles were collected in favor of the parents and the wife of the BelAZ driver under the control of bailiffs.
– The bailiff ruled to prohibit registration actions in relation to vehicles of the LLC, as well as to foreclose on the funds in the bank accounts of the debtor, – said Natalya Prokofieva, chief specialist-expert on media relations of the regional FSSP of Russia. – The management of the enterprise was explained the consequences of non-execution of the court decision. After that, the legal entity compensated the moral damage in full.
by the way
Back in 2016, Rostechnadzor found more than a hundred violations at a mining enterprise. Among other things, it turned out that it used cars with broken hydraulics of the braking systems and the absence of blocking devices for raising the body under the power lines. In addition, the reviewers found that the design of the platforms dividing the cut ledges at different heights did not comply with safety standards and regulations. Then, by a court decision, the company that owned the mine was fined 200 thousand, and twenty of its employees – 365 thousand rubles.
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