TO THE COMMERCIAL COURT OF FIRST INSTANCE
prosecutor:
lawyer :
THE DEFENDANT:
Case : The defendant is the insurance company’s ……….. Paying payable in accordance with the article is a request to determine the amount of financial compensation to be paid and to be taken from the defendant together with the advance interest and decided to be paid to the plaintiff. it will be operated from the date of default, trial expenses and attorney fees.
The basic value of the fee : ……… It is TL.
Descriptions
1- ………. in the driver ………. by bus with license plate ………. On the drive ……. As a result of the collision of the truck with license plates. The plaintiff’s attorney was a passenger on the bus …………. He lost his life.
Since the accident report stated that the drivers of both vehicles were defective and the plaintiff support was a passenger who was on the bus at the time of the accident, no discount was made on the compensation. (Accident report, indictment, passenger ticket)
2- Alimony of the plaintiffs ……..dd ……… On the date of the accident and death (……….) he was old, …….. He was earning a high income and providing a good livelihood to his family (Engineering degree, final salary)
3-………..’s death in a bus accident left his wife ………. d.lu ……….. he was deprived of his financial support, and the defendant insurance company was asked to pay the amount of compensation for deprivation of support by collecting evidence and receiving a report from an expert witness in accordance with the article ………. (Family population table)
4-
a) Despite the fact that all the necessary documents were applied to the Insurance Company before the lawsuit was filed ………. In the dated article. and ……….. In the numbered case, the claim for compensation was rejected by claiming that ”the claimant was assigned a widow’s pension by the Social Security Institution and therefore actuarial calculations were not made”, and this refusal was not considered in place. Because the Law No. 5510 and before that …….. and ……. According to the numbered Laws, the Decision of the Court of Cassation on the Unification of Case Law dated 06.03.1978 and numbered 1/3 and the established decisions related thereto, “ The widow and orphan pension paid to the right holders in exchange for adequate premium payments cannot be associated with the damage caused by tort and cannot be the reason for deduction from compensation. (Examples of decisions are included in the Oct.)
b) The refusal of the defendant Insurance Company to pay for the reasons explained is not based on a justified reason. (Our application letter and the rejection letter of the defendant insurance company)
Legal Reasons :
Evidence:
Accident report and all related documents, C.The prosecutor’s investigation file, passenger ticket, family population chart, professional documents of the deceased, SGK decision on the connection of the widow’s pension, application and response to insurance, expert report, etc.
Conclusion and demand: for the reasons presented:
The amount of financial compensation to be paid by the defendant insurance company …….. Pays payable in accordance with the article. I request that it be determined and taken from the defendant. Together with the advance interest to be paid. To be paid to the plaintiff be decided. It is operated from the date of default, trial costs and attorney’s fees.
I would like to submit my request. Kindest regards,
Plaintiff’s Lawyer
Lawyer.
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