EN
Supreme
law office
Original No.: 2012/13178
Decision No:2013/5634
K. Date: 25.3.2013
The lawsuit relates to the request for compensation of material and moral damages of the insured person injured in a work accident on 14.10.2003 and 01.09.2004.
The court decided to partially accept the case.
From the records and documents contained in the file; 2. Due to the death of the plaintiff insured on 20.09.2006 during the trial, the financial compensation expert report dated 10.02.2012, issued on the basis of the ruling, informs that the Institution could not determine the degree of permanent incapacity caused by an accident, the legal heirs are continuing the case, the degree of incapacity caused by a damaging incident on 01.09.2004 and the health board report containing detailed examination findings are not included in the file. 2. It is understood that the calculation was made over 0% due to the inability to determine the degree of incapacity caused by an accident.
According to the nature of the event, it is clear that the rate of permanent incapacity of the insured directly affects the upfront capital value of the insured’s income and the amount of compensation. For this reason, it is obvious that the rate of gain and loss in the profession occurring in the employee should be determined without doubt and hesitation, since it directly affects the amount of income to be attributed to the insured and the amount to be deprived of compensation.
July Jul 01, 09.2004 as a result of an accident, all medical documents, graphics, patient identification papers, health documents related to the treatment of the insured, the insured heirs and the relevant hospitals are provided, the heirs are asked in which hospitals they are treated, according to these documents to determine the degree of permanent incapacity to send to the SGK High Health Board,
if there is a concrete and clear objection to the disability rate determined here, all medical documents related to the treatment of the insured as a result of the accident occurred on 09.2004, the heirs are asked which hospitals they are treated in, if there is a concrete and clear objection to the disability rate determined here, It consists of making decisions according to the results obtained after the reports to be received from the relevant specialized department of ATK and gradually from the General Assembly of ATK and the exact determination of the gain-loss ratio in the profession formed by the insured.
The decision made by the court in writing without taking into account these material and legal facts is contrary to the procedure and the law and constitutes the reason for the violation.
In that case, the objections of the parties to these issues should be accepted and the judgment should be overturned.
result
For the reasons explained above, it was decided unanimously on 25.03.2013 that the provision should be OVERTURNED, that there was no room for examining other objections for now, and that the objection fee should be returned to the plaintiffs if requested.