EN SUPREME COURT
Law Office
Originally: 2016/5641
The Verdict: 2016/7179
Decision Date: 13.06.2016
THE CASE FOR COMPENSATION FOR DAMAGES – THE COURT MUST APPLY THE INTEREST FROM THE DATE OF THE CASE ONLY FOR THE INCREASED PART OF THE AMOUNT – IS APPROVED BY CORRECTING THE DECISION
SUMMARY: In the concrete case, no interest has been claimed in the lawsuit petition … for the financial loss of TL; for the entire TL ruled by the court … the legal interest has been ruled from the date of the lawsuit. Contrary to the article of the CCP, it is not correct to rule more than the request. In this case, interest should be ruled only for … TL, whose value has been increased by the court, from the date of the lawsuit, while it is not correct to rule interest from the date of the lawsuit for the entire … TL, which is the subject of the first lawsuit with the first amount that has not been requested, from the date of the lawsuit; since the correction of this error does not require the renewal of the trial, the judgment had to be corrected and approved in accordance with the article HUMK.
(Art. 26 of Art. 6100)
Trial: At the end of the trial of the compensation case between the parties; for the reasons written in the decision, the file was examined upon the appeal of the defendant’s attorney during the Decisional period for the acceptance of the case, and the necessity was found:
The plaintiff’s lawyer requested the collection of the impairment by showing the actual value of the cost as TL 1,000, declaring that the vehicle belonging to his client was damaged due to the fact that the defendants were the owner and driver of the defective vehicle, without reserving the rights to the excess, and submitted the request with an improvement petition in the amount of TL 3,010.00, asking the defendants to collect the corrected portion along with the legal interest to be processed from the date of the case.
In accordance with the evidence collected by the court and the expert report accepted, with the acceptance of the case; it was decided that financial compensation of TL 3.010,00, along with the legal interest to be processed from the date of the case, should be collected from the defendants severally and paid to the plaintiff; the verdict was appealed by the defendant’s attorney.
1- According to the information and documents contained in the file, since there were no irregularities in the discussion and evaluation of the evidence contained in the justification of the court decision, especially in the basis for the decision of the financial compensation account specified in the expert report prepared in accordance with the incident, it was necessary to reject other objections of the defendant’s attorney that were not in place.
2-The case relates to a claim for financial compensation arising from a traffic accident.
In the concrete case, no interest was claimed in relation to the financial compensation of TL 1,000 in the lawsuit petition; the legal interest was applied for the entire TL 3,010.00 ruled by the court as of the date of the lawsuit. 26 of the Code of Civil Procedure No. 6100. it is not accurate to rule more than the amount requested contrary to the article.
In this case; while the court is required to operate interest only for TL 2,010, the value of which has been increased, as of the date of the lawsuit, it is not appropriate to operate interest from the date of the lawsuit for the entire TL 3,010.00, including the initial amount of TL 1,000.00, which is not requested in writing and is the subject of the first lawsuit, from the date of the lawsuit. However, the justification is; since it is considered that the correction of this error does not require a repetition of the trial, the judgment had to be corrected and approved in accordance with Article 438/7 of the Code of Human Rights numbered 438/7.
Conclusion: For the reasons explained in paragraph (1) above, it was decided unanimously on 13.06.2016 to reject the defendant attorney’s other appeals requests; to accept the defendant attorney’s objections for the reasons explained in paragraph (2) and to correct the financial compensation of TL 3.010,00 in the amount of TL 3.010 by accepting the case, to collect severally from the defendants and the plaintiff together with the legal interest to be processed from the date of the case.