The administration is responsible for the damage caused to the vehicle as a result of the sewer cover being left open. This is because the administration must take precautions against possible damage to the environment within its area of responsibility, issue warnings, and terminate the service in a manner that does not cause harm to citizens.
Court of Appeals 17th Civil Chamber
Director Number: 2018/4210
Decision Number: 2020/4644
“Text of Justice”
COURT: Civil Court of First Instance
At the end of the trial of the case for the cancellation of the objection between the parties; based on the reasons stated in the decision, the decision to partially accept the case was appealed within the time limit by the defendant’s representative, Izmir Water and Sewerage Administration, and the file was reviewed;
-DECISION-
The plaintiff’s attorney stated that the vehicle with license plate number … was insured in the name of …, that the insured’s vehicle was damaged as a result of hitting a sewer cover in a pit dug by the defendant, that the damage amount was paid to the insured by his client, that the defendant requested payment of the right of recourse for damages, but that the defendant administration did not make the payment, and that, upon this, enforcement proceedings were initiated with the Izmir 15th Enforcement Directorate initiated enforcement proceedings under file number 2014/13637, that the defendant objected to the proceedings, that the defendant’s objection was dismissed, and that enforcement proceedings continued with a claim for enforcement denial compensation of not less than 20% of the claim.
>The defendant İzmir Water and Sewerage Administration’s lawyer requested that the case be dismissed.
The court accepted the petition, the defense, the evidence gathered, the expert report accepted, and the Department’s decision to overturn the case dated 31/05/2017 and numbered 2016/13716 Esas-2017/6156 Karar, and accepted the case, with the debtor being sued by the defendant in the 15th Enforcement Directorate of Izmir. Enforcement Directorate’s enforcement file No. 2014/13637. With the cancellation of the objection, enforcement proceedings continued on the principal amount of TL 6,651.17 and accrued interest of TL 502.16, the claim for excess was rejected, the request for enforcement rejection was rejected as the claim required enforcement by judgment, and the defendant’s objection in the enforcement file numbered 2014/13637 of the Izmir 15th Enforcement Directorate was rejected.
Enforcement Directorate’s enforcement file No. 2014/13637,
the defendant’s objection is
cancelled, and enforcement proceedings shall continue for the principal amount of 6,470.00 TL and accrued interest of 502.16 TL; the claim for excess is rejected”; the ruling was appealed by the representative of the defendant, Izmir Water and Sewerage Authority.
According to the file’s contents, a decision was made on whether the cancellation decision was appropriate, the evidence on which the decision was based and the legally required reasons, and that there was no inaccuracy in the assessment of evidence; the appeal objections of the Deputy Head of the defendant Izmir Water and Sewerage Administration are rejected, and the ruling is CONFIRMED as being in accordance with the procedure and the law, and the remaining approval fee of 418.44 TL, as stated below, is to be collected from the defendant Izmir Water and Sewerage Administration. It was unanimously decided on 09/07/2020.