Excess Claims Due to the Death of a Passenger in a Bus Accident
TO THE COMMERCIAL COURT OF FIRST INSTANCE
THE PLAINTIFFS:
lawyer :
the defendants:
Lawsuit :
1) Due to the death of a passenger in a bus accident, without reserving the rights to exceed, the amount of compensation for deprivation of support …… Together with the advance interest to be determined in accordance with the article …… From the date of the incident for the carrier and the driver, from the date of default for the insurer (limited to the amount of coverage), the trial expenses and attorney fees to be operated jointly and severally from all defendants,
from the date of default for the insurer, from the date of default for the carrier and the driver, from the date of default for the insurer, from the date of default for the insurer, from the date of default for the insurer, from the date of default for the insurer, from the date of default for the insurer, from the date of default for the insurer, from the date of default for the insurer, from the date of,
2) It is a request for a decision to collect a total of …….. TL from the shipper jointly and in chains, together with the advance interest, trial expenses and attorney’s fees to be operated from the date of the incident for all of the plaintiffs……… and the driver.
The main value of the fee is : …….. TL. (for material damages) ………. TL (for moral compensation)
Descriptions
1-….. in history, the driver ……….. Under the direction of ………. It belongs to the Tourism Enterprise ……….. A passenger bus with license plates crashed into a dump truck from behind on the way to the Jul Highway, (……..) the passenger died, (……….) he was injured. The passenger and the driver himself died. (Police reports, investigation report)
As stated in the Traffic Accident Report, the bus driver who hit the truck from behind was 8/8 completely defective, and it was seen that the passengers who were killed or injured did not participate in the defect.
(Accident report, C.The decision of the prosecutor’s office not to prosecute due to the death of the driver)
2-……..fd ………., ………, at the time of the accident and death (………) he was of age and was working as an experienced machine operator in a construction company and was making a living for his family. With his death, his wife and three children were also left without support. (Professional certificates are attached. Oct.)
3- 3-……….. in accordance with the article, we request that the amount of compensation for deprivation of support be calculated by an expert witness according to the evidence to be collected during the trial and due to the fact that passenger transportation is a commercial business. We request the application of “advance interest” from the date of the incident for the operator and the driver, and from the date of default for the insurer.
(Passenger ticket and family population table are attached.Oct.)
4- A young wife of the deceased and (……..) at his age, he is a young father, deprived of support ……… While your husband (……..) who has three boys at his age and considering that he was left alone ………., ……….., ………. as he believes that the amount of moral compensation should be kept high, and ………. We demand it. for her husband and ………. For each of the children. TL. for the wife and ………. Total TL for each child ………. TL. We demand that the amounts of claims be regulated in this way, taking into account the function of TL for the spouse, TL for the children, and moral compensation to complement financial compensation and deter those who commit accidents.
5-a) The spouse and father of the plaintiffs……….’S machine operator…….. Although it was documented that he was and earned income by taking jobs from construction companies and had a Construction Equipment Operator’s Certificate (Operator’s Certificate obtained from the Chamber of Mechanical Engineers), the Defendant Insurance Company in his case refused to pay more than the compensation amount calculated from the minimum wage, claiming that it had not been proven that the deceased had income at the time of the accident.
b) According to the established decisions of the Court of Cassation, assumptions cannot be trusted if the truth is clear, and calculating the compensation to be received by a person with a certain profession based on the minimum wage is not correct and does not reflect the truth. For this reason, according to the work and experience of the person, the actual salary should be determined with the information to be obtained from the relevant professional organization and compensation should be calculated accordingly.
c) The defendant insurance company, which took out the Compulsory Transportation Insurance of the vehicle involved in the accident, did not take into account the above considerations.
Legal Reasons:
Evidence: The file of the Public Prosecutor’s Office, all the minutes and statements related to the accident, passenger ticket, traffic records, population records, professional documents belonging to the deceased person, expert calculation report, etc. All kinds of evidence.
Conclusion and demand: for the reasons presented:
1) Provided that our rights related to exceeding are reserved, ………… the amount of compensation for deprivation of support to be determined according to the article shall be collected jointly and severally from all the defendants together with the advance interest to be accrued. Judicial expenses and attorney’s fees from the date of the incident for the carrier and the driver, from the date of default for the insurer (including limited to the amount of coverage),
2) Total ………. TL for all claimants. On behalf of all plaintiffs, we sincerely request and request that a decision be made to collect jointly and in chains from the shipper and driver along with the advance interest, trial costs and attorney’s fees to be operated from the date of the incident. ../../..
Plaintiffs’ Lawyer
Lawyer …………
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