Kazakhstan's Ministry for Emergency Situations (EMERCOM) has filed a lawsuit seeking to recover compensation from the insurance company Eurasia for a crashed Mi-8 helicopter. The claim amounts to around 8 billion tenge and has become a point of dispute between the parties.
WHAT IS KNOWN ABOUT THE DISASTER
The disaster occurred on 23 February 2023 in the Baiterek district of the West Kazakhstan Region. The helicopter was carrying out a commercial flight at the request of KazTransOil JSC — on board were five crew members and a representative of the oil company. A storm warning was in effect in the region that day, and the departure had previously been postponed due to the weather. After take-off, the crew encountered deteriorating weather conditions and a severe blizzard. Four crew members died in the hard landing, and two other people sustained injuries.
According to EMERCOM, the crashed helicopter was manufactured in 2021 and had undergone periodic maintenance on 17 January 2023. Shortly after the disaster, Kazakhstan's Aviation Administration announced unscheduled inspections of Mi-8 helicopter operators.
During the criminal investigation, charges were brought against the aircraft commander Davletbay Kanatov and the co-pilot Vladimir Afanasyev. Both died in the crash, but their relatives insisted on continuing the proceedings and are acting as defenders of the pilots.
WHY THE CASE WENT TO COURT
According to the Telegram channel Kozachkov Offside, the criminal case is being considered under Article 344 of the Criminal Code of the Republic of Kazakhstan ("Violation of traffic safety rules and operation of railway, air, sea or river transport").
In parallel, EMERCOM has filed a claim against the insurance company Eurasia. The case is being heard by the Specialised Inter-District Economic Court of Almaty, and the amount claimed is approximately 8 billion tenge.
As follows from Eurasia's response, the insurance company is not refusing to pay compensation. However, EMERCOM and Kazaviaspas have not yet provided the full package of documents required for a decision to be made on the insured event.
The main dispute concerns the amount of the claim. According to the insurer, EMERCOM has included in its calculation payments for additional equipment and spare parts which, in the company's view, were not damaged in the incident. Eurasia states that the insurance indemnity should cover the actual loss caused by the insured event.
HOW THE CIRCUMSTANCES OF THE DISASTER AFFECT THE PAYMENT
The insurance contract between Eurasia and Kazaviaspas stipulates that the causes and circumstances of the aviation incident are relevant to the decision on the insurance payout.
Furthermore, these circumstances may be taken into account when considering the subsequent recovery of damages from those found liable. At the same time, the final assessment of responsibility of those involved in the disaster must depend on the outcome of the relevant court proceedings.
