Court decision

In the name of Ukraine

March 5, 2002

Komsomolsk district court in Kherson region with judge Lytvynenko A.V. and secretaries Kyrlychenko I.A., Myseyko I.A.

 

Reviewed civil suit filed by Chernyavskiy Viktor Volodymyrovych to Kherson city electric Wire Company for reimbursement of moral and material damage.

 

The court determined:

 

The plaintiff filed a suit because he and the defendant had signed an agreement for services. Beginning in May 2001 the electricity voltage in his house in general and his apartment in particular kept going up and down between 50 and 290 volts, and these voltage jumps were regular from end of June 2001. The defendant did not react on the number of complaints written by the plaintiff. On July 24, 2001 the plaintiff's fan, electric soldering iron and lamp burned out. On July 31, 2001 his TV's power module also burned out. It happened due to the defendant's fault.  

Besides all aforesaid, voltage jumps caused change in illumination level. The regular family life was changed and additional inconveniences were caused. The daughter's eyesight worsened. The plaintiff's son stumbled and fell down in the corridor of their apartment when on July 24, 2001 at 9.35pm the voltage jumped down and he could not see his way. As a result, he injured his foot. It all caused moral damage that the plaintiff evaluates in UAH 20,000 and demands its reimbursement.

During the court hearing the plaintiff explained his demands. He clarified his claim demands on material damage and explained that the total amount of material damage of UAH 216.88, which is comprised of the cost for soldering iron - UAH 14, lamp - UAH 50, fan - UAH 80, surgery for his son - UAH 60, and UAH 12.88 for medicine. 

                   The plaintiff asks to meet his demands in corpore.

                   The plaintiff's representative supported his demands and asks to meet these demands in corpore.

                   The defendant's representative did not show up in the court more than twice, even though he had been informed about time and place of court hearings.

                   The court listened to the statement of the defendant, examined all materials and determined that due to the defendant's fault the plaintiff's equipment burned out.

                   According to article 440 of Civil Codex of Ukraine the defendant must reimburse material damage. This part of the claim must be met in corpore. 

The court has also determined that moral damage was caused to the plaintiff and his family and it must be reimbursed according to the article 440-1 of Civil Codex of Ukraine. The amount of the moral damage is determined by the court considering the demands in the claim, nature of the defendant's actions, physical and moral sufferings. Based on the rule that moral damage can not be less than five minimal salaries the court decided that the part of the claim on reimbursement of moral damage should be met only partly. Moral damage is evaluated in seven minimal salaries.  

 

Based on articles 440, and 440-1 of Civil Codex of Ukraine, articles 15, 15-1, 30, 62 of Civil-procedural Codex of Ukraine the court decided: 

 

The claim must be met partly.

Kherson city electric wire company must pay Chernyavskiy Viktor Volodymurovych material damage in the amount of UAH 216.88 and UAH 980 of moral damage, total of UAH 1196.89, and the state tax of UAH 51. The rest of the demands in the claim will not be met due to absence of evidences.  

The appellation can be sent to Kherson court of appellation during one month starting from the next day after the publication of this decision.