TC
high
17.Law Office
ORIGINAL NO.: 2017/5716
DECISION NO:2018/1495
DECISION DATE:01/03/2018
COURT OF FIRST INSTANCE: COURT OF FIRST INSTANCE
IN CASE OF A TECHNICAL MALFUNCTION DUE TO A TRAFFIC ACCIDENT, A TECHNICAL MALFUNCTION DISCOUNT OF AT LEAST 20% SHOULD BE MADE ACCORDING TO THE APPLICATION TO BE APPLIED IN CASE OF NOT WEARING A HELMET.
At the end of the trial of the compensation case between the parties; during the period of Decrees on partial acceptance of the case for reasons written in the decision, the plaintiff’s attorneys, upon the appeal of the defendant’s attorney, the defendant … his attorney …
it has been decided that the necessary:
decision
Paying payable amount of TL 5,000.00 to the defendant’s driver in the actual case, in the event of an accident that occurred while the plaintiff was a passenger in the vehicle, the plaintiff’s attorney requested that TL50,000.00 be paid to him, TL 50,000.00 to his parents, TL 25,000.00 to his brother, and a decision be made to collect it together with legal interest from the date of the incident.
The defendants argued for the dismissal of the case.
By the court, in compliance with the order of violation, collecting evidence at the main trial, compensation of 8,132.17 TL with a 5% discount at discretion in favor of the plaintiff, 7,125 equity, 57 financial compensation, 40,000.00 TL moral compensation, compensation of 12,473.11 TL with a 5% discount at discretion in favor of the plaintiff, 11,849 equity, 45 financial compensation, 40,000.00 TL moral compensation, collection of moral compensation in favor of the plaintiff, main by combining in the case that prevails from the point of view of the case,
compensation for deprivation of support, provided that there is no repetition in the collection; financial compensation of TL 19,260.18, determined by deducting 5% equity from the compensation of TL 20,273.87 calculated for the plaintiff …, 5% equity from the compensation of TL 31,397.14 calculated for the plaintiff …
of the financial compensation of TL 29.827,24 determined by deducting; in return, the plaintiff’s attorneys, the defendant …. it has been decided to collect it by the attorney and the defendant.
1-According to the information and documents contained in the file, the evidence that constitutes the basis for the justification of the court decision has been discussed, and since there is no aspect contrary to procedure and law in the evaluation, the plaintiff’s attorneys, the defendant … attorney and the defendant … attorney in accordance with the following subparagraph
the rejection of the other appeals had to be decided.
2-The case relates to deprivation of support due to a traffic accident and a claim for moral compensation.
Although moral compensation is not a means of enrichment, it should be aimed to partially eliminate the pain and suffering caused by the incident when establishing a verdict in such cases, and therefore taking into account the social and economic situation of the parties and the manner in which the incident occurred BK47th. taking into account the special situations in the article, a conclusion should be reached within the framework of the rules of rights and generations. Because MK 4. in its article, it is attached to the provision that the judge will make judgments according to rights and generations in cases where the law gives discretion. Considering the above-mentioned issues, it was seen that the appreciated moral compensation was somewhat excessive, and the decision had to be overturned in order for the moral compensation to be ruled in accordance with equity.
3-In a concrete case, if a 5% discount was given by the court because he did not wear a hard hat because he had a translation defect in the support, the appreciated discount rate is less than the established application of our apartment, and if a 20% translation defect discount was made
it had to be decided whether the decision should be overturned.
4-Although the plaintiff’s attorney requested that the legal interest on the date of the incident be decided in terms of the moral compensation case and moral compensation claims, it was not found accurate that the court did not make a positive or negative decision about the interest claim, the decision is good
it has been necessary to evaluate whether it will be broken with intent.
CONCLUSION:
For the reasons explained in paragraph (1) above, the plaintiff’s attorneys, the defendant …. the attorney and the defendant … the rejection of the other appeals of the attorney by the defendant for the reasons explained in paragraph (2) of the defendant, for the reasons explained in paragraph (3) of the defendant, the defendant …. (3) the defendant for the reasons explained in paragraph no…. if the decision is OVERTURNED by the acceptance of the defendant’s attorney’s appeals for the reasons explained in paragraph 4, the fee received in advance by the defendant’s attorney’s attorney by the plaintiffs who filed the appeal at the defendant’s request …. the extradition of the defendant was decided unanimously on 01/03/2018.