58 of the Code of Obligations No. 6098. according to the article, the rights of a person, who has been unlawfully attacked, may ask for non-pecuniary compensation to be ruled on. The purpose of moral compensation is to compensate for the disturbed spiritual balance of the party whose right to personality has been attacked, and to cover the decrease in their spiritual values. In other words, it aims to partially and relatively restore the pain and suffering that has been felt. At the heart of the claim for non-pecuniary damages lies the wrongful action of the defendants. The elements of an unjust act consist of the damage caused by the fact that the act is unlawful, that is, the connection of Decency between the act and the damage.
In our law, the task of determining the amount of non-pecuniary compensation is left to the discretion of the judge. 4 of the Civil Code, where the law gives the right of discretion, the judge will make a decision in accordance with the law and justice (with right and equity). it is indicated in the article. Judge, Article 4 of the Civil Code. taking into account the principle of equity contained in its article, it is necessary to appreciate the appropriate amount of compensation.
The moral compensation to be awarded is of an original nature that has a function similar to the compensation that will bring about spiritual peace in the person who has been harmed. Just as there is no penalty, there is no purpose to cover the damage related to the mameluk law. The amount of money that is prescribed as non-pecuniary compensation is, in fact, neither compensation nor punishment. Because mamelek does not aim to compensate for the damage related to the law, and the defective one is not only an evil done because of a violation of the law. On the contrary, it has a function similar to compensation, as it aims to evoke a sense of peace in the person who has been harmed, as well as to relieve spiritual suffering.
56 of the Code of Obligations No. 6098. it has been clearly emphasized in the Decision to Merge the Case Law No. 1966/7 of 22.6.1966 and Decision No. 1966/7 of 1966 that no defect is required in the moral compensation regulated in the article, but it can be effective if it is. In the justification of this decision, special circumstances and conditions that will affect the amount of non-pecuniary compensation to be assessed have also been clearly shown. Since these may vary according to each incident, the judge should exercise his discretion in this regard, while he should accurately show the reasons that affect him in accordance with objective measures at the place of his decision.
In the light of these brief information containing the opinions of the Supreme Court; as stated, the task of determining the amount of non-pecuniary compensation is left to the discretion of the judge. Although the task of determining the amount of this compensation is left to the discretion of the judge, the judge; 4 of the Civil Code. considering the principle of equity contained in its article, it is necessary to appreciate the appropriate amount of compensation in accordance with law and justice (with rights and benefits). Considering that there will be special circumstances and conditions that may vary depending on each event in determining the amount, it is necessary to objectively show the reasons that will affect the right to discretion at the place of decision. While the judge ruled on non-pecuniary compensation;
The nature of the action and event that constitutes an attack,
The economic and social status of the party whose personality rights have been violated, as well as the presence of defects and, if any, the degree of defect,
The degree of defect, economic and social status of the aggressor of personality rights,
The title of the parties, the office they occupy and other social and economic situations,
Economic conditions of the country,
The weight of the event, its history,
It is necessary to take into account the purchasing power of money.
In addition, the amount of Non-pecuniary compensation in addition to these;
It must be in accordance with justice,
There must be a Decency between the act infringing on the rights of the person and the amount of compensation,
It should not have consequences that will lead to enrichment of one side,
It must comply with the principle of proportionality, correspond to the purpose of non-pecuniary compensation,
It should be as much as necessary to achieve the effect of the desired feeling of satisfaction (satisfaction) to be achieved in the existing situation that will give birth to spiritual peace in the one who has been damaged,
It should be commensurate with the moral damage suffered, alleviating the sadness felt,
There should be enough to give birth to spiritual peace in the one who has been harmed,
It should be as much as necessary to achieve the effect of the desired feeling of satisfaction to be achieved in the current state.
In accordance with the evolving legal approach, there should be a sense of satisfaction as well as a degree of deterrence.
Legal Department 2015/20787 E. , 2016/14314 K.
“text of jurisprudence”
1-Since there is no mistake with the writings in the file, the evidence on which the decision is based, the legal reasons and especially the evidence, the appeals of the defendant woman that fall outside the scope of the following paragraph are inappropriate, since there is no Decency in the discretion of the evidence. 2-The purpose of moral compensation in divorce is to compensate for the disturbed spiritual balance of the party whose right of personality has been attacked due to the events that caused the divorce, to cover the decrease in their spiritual value. For him, it is necessary to find a reasonable ratio between the act that violates the rights of the Dec and the amount of compensation. If there are consequences that will lead to the enrichment of one party, the appreciation of moral compensation in an amount that deviates the institution from its purpose. The judge tazminatmiktar when determining on the one hand, the injured party personality rights, economic and social status and the degree of the defect in the divorce and whether there is a defect, if any, on the actual weight; on the other hand, the attack of the flaw in the degree of individual rights, one must consider the economic and social status. Considering the principles described, the amount of non-pecuniary compensation assessed for the benefit of the plaintiff man was found to be excessive and not in accordance with the principle of proportionality. 4 Of the Turkish Civil Code. while a more appropriate amount of compensation should be assessed in accordance with the principle of equity contained in the article, it was not found correct to establish a provision in writing. CONCLUSION: The above-mentioned provision of the appeal 2. for the reason shown in paragraph 1 above, the other sections that are subject to appeal that are outside the scope of the violation are subject to DETERIORATION. it was unanimously decided to APPROVE it for the reason indicated in the paragraph, to return the advance fee of the appeal to the depositor upon request, within 15 days from the notification of this decision, the way to correct the decision will be open. 02.11.2016 (Wed.)
4.Legal Department 2016/8352 E. , 2016/10788 K.
“Case law, the text of” the court :the court by representatives of the plaintiffs and others, defendants and against others with 26/12/2008 given on the day the petition for non-pecuniary damages at the end of the trial on the request made by the court; the case for adoption of a given partially 23/02/2016-time decision by the Supreme Court as the defendant … the deputy examination within the period requested, but once the petition of Appeal has been decided upon the adoption of the examination by the judge with the report was discussed by examining the papers in the file. 1-According to the articles in the file, the evidence on which the decision is based and the mandatory reasons in accordance with the law, in particular, there is no inaccuracy in evaluating the evidence, the defendant’s appeals that fall outside the scope of the following paragraph should be rejected. 2-As for the other appeal of the defendant …; a)The case concerns the request for non-pecuniary compensation due to publication. A part of the request was accepted by the court; the decision was appealed by the defendant … his deputy. The deputy plaintiffs claimed moral damages for each plaintiff separately, stating that the plaintiffs … and the federation were their lawyers, that the defendants had made insults against the plaintiffs on their websites, and that the plaintiffs’ personal rights had been attacked because of these insults. The defendants have not responded to the lawsuit. The court decided to partially accept the claim on the grounds that the defendant’s words against the plaintiffs exceeded the limits of criticism and damaged the plaintiffs’ personal rights, and decided to award 10,000.00 TL in favor of the plaintiffs, 5,000.00 TL in favor of the plaintiffs’ federation lawyers … and … separately in favor of the plaintiffs’ non-pecuniary damages. 49 of the Code of Obligations No. 818. (article 58 of the Turkish Commercial Code No. 6098.) in accordance with the article, a person whose personal rights have been unlawfully attacked may request that non-pecuniary compensation be ruled on. When determining the amount of moral compensation, the judge should take into account the nature of the act and event that constitutes an attack, as well as the defect rate, title, occupied position of the parties and other social and economic situations when determining the amount of moral compensation. Taking into account that there will be special circumstances and conditions that may vary depending on each event in determining the amount, it should objectively show the reasons that will affect the right to discretion at the place of decision. Because 4 of the Turkish Civil Code, where the judge will rule according to the law and equity in matters that the law gives the right to discretion. it is indicated in the article. This money, which will be judged, has an original nature, which has a function similar to compensation, which will ensure the birth of spiritual peace in the person who has been harmed. It is not a penalty, nor is it intended to cover damage related to asset law. Then the limit of this compensation should be determined according to its purpose. The amount to be appreciated should be as much as is necessary to achieve the effect of the desired sense of satisfaction to be achieved in the current state. As for the concrete case; considering the date of the incident, the way the incident occurred, the economic and social situations of the parties, the nature of the promises made, and the principles mentioned above, the amount of non-pecuniary compensation appreciated for the benefit of the plaintiffs is excessive. It is not true that a decision has been made in writing while a lower level of non-pecuniary compensation should be decided. Therefore, the decision had to be overturned. b) From the information and documents between the files, it is necessary to Dec that the defendant’s words to the plaintiff’s federation lawyers are a judgment of personal value and that these words remain within the limits of criticism. At the moment, the plaintiffs are federation lawyers …. and … it was not right that the decision was made to partially accept the request instead of completely rejecting it, and therefore the decision had to be overturned. CONCLUSION: It was unanimously decided on 03/11/2016 that the appealed decision should be OVERTURNED for the defendant’s benefit for the reasons shown in paragraphs (2-a-b) above, that the defendant’s other appeals should be rejected for the reason shown in the first paragraph, and that the fee received in advance should be returned on request.
1.Legal Department 2015/10373 E. , 2016/10918 K.
“Case law, the text of” the court :the court by the plaintiff, the defendant with the petition against her 18/02/2013 given day due to the attack on the rights of persons for non-pecuniary damages at the end of the trial on the request made by the court; the case for adoption of a given partially 02/06/2014-time decision by the Supreme Court as the attorney of the defendant within the period of examination was requested, but once the petition of Appeal has been decided upon the adoption of the examination by the judge with the report was discussed by examining the papers in the file. It was decided by a majority vote on 07/11/2016 to approve the provision in accordance with the procedure and the law by rejecting all appeals that were not in place, especially since there was no inaccuracy in evaluating the evidence, and to upload the approval fee written below to the appellant. (M) The COUNTERCLAIM LETTER relates to the claim for non-pecuniary damages based on the cause of an unjust attack on the rights of the person in the case. A person whose personality rights have been unlawfully attacked may ask for non-pecuniary compensation. When determining the amount of moral compensation, the judge should take into account the nature of the act and incident that caused the attack, as well as the defect rate, title, occupied position of the parties and other social and economic situations. It should also be taken into account that there will be special circumstances and conditions that may vary depending on each event in determining the amount, and it should objectively show the reasons that will affect the right to discretion at the place of decision. Because in cases where the law gives the right to discretion, the judge will make a decision in accordance with the law and justice (with right and equity) 4 of the Civil Code. it is indicated in the article. This money, which will be appreciated, has an original nature, which has a function (function) similar to compensation, which will ensure the creation of spiritual peace in the person who has been harmed. It is not a penalty, nor is it intended to cover damage related to asset law. Then the limit of this compensation should be determined according to its purpose. The amount to be appreciated should be as much as is necessary to achieve the effect of the desired feeling of satisfaction (satisfaction) to be achieved in the existing situation. In the case of the subject of the lawsuit; the defendant, who is the fiancée of the plaintiff’s ex-wife, is the plaintiff’s daughter ….a Given the reciprocity of the insulting messages sent by the defendant, the pay power of the defendant, the social and economic situation and the above-mentioned principles, the amount of moral compensation ruled for the benefit of the plaintiffs is excessive. I do not agree with the decision of the precious majority to approve it, considering that a smaller amount of non-pecuniary compensation should be ruled out. 07/11/2016
1.Legal Department 2016/3189 E. , 2016/14139 K.
“text of jurisprudence”
COURT OF CASSATION :Employment Tribunal PLAINTIFFS : … Etc. Vek. Hunt…. Muris of the plaintiffs, to make moral and material compensation for death as a result of an accident at work at the end of the trial of the case; ref 503.307 reasons in written,53 TL pecuniary and non-pecuniary damages together with the legal interest of the defendant and the plaintiffs regarding the provision of the provision is taken from the plaintiff with the defendant within the period of examination of First Instance temyizen be required, and also the hearing upon request and are subject to prosecution by examining the file it is understood that the work Tuesday 15/11/2016 the day appointed for the hearing, and a summons was sent to the parties. On the day of the hearing, the deputy plaintiffs Av…. they came hunting with. No one has come on behalf of the defendant and those who have been notified. After hearing the oral statements of the lawyers present at the start of the trial, the hearing was terminated and the papers in the file were read with the report prepared by the Examining Judge on the same day, the need for the work was discussed and considered, and the following decision was determined. According to the articles in the K A R A R file, the evidence on which the decision is based and the legal reasons, the rejection of other appeals by the party’s attorneys that fall outside the scope of the following paragraphs, 1-The case is related to the request to eliminate the material and moral damages of relatives due to the death of the insured as a result of a work accident. By the court, the case of partially agree and partially with the plaintiff’s spouse disclaimer 60.000 TL Spiritual, 114.920,46 TL Material, the plaintiff for the child 40.000 TL Spiritual, 38.451,34 TL Material, the plaintiff’s father 45.000 TL Spiritual, 9.935,73 TL Material, the plaintiff’s mother 45.000 TL Spiritual , Spiritual 25,000 for each of the six brothers of the plaintiff tazmimat 10.01.2012 with legal interest from the date of the date of the accident to process the request on the provision of the plaintiffs and the defendant is taken from the surplus is dismissed. After reviewing the records and documents in the file; it is understood that the insured person died on 10.01.2012 while working as a mold master in the construction carried out by the respondent company in a subcontracting company other than the respondent, as a result of the mold falling from the construction hitting the plaintiff’s head, the incident was determined to be an occupational accident by the SSI, the expert witness defect report based on the judgment found that the plaintiff’s employee had no fault when the incident occurred. The dispute between the parties is collected at the point of Deci-sion of material damage. It is a condition that the actual wage is taken as the basis for calculating the financial compensation of the insured person due to permanent incapacity for work as a result of an occupational accident. It seems that the wages shown in the employment contract or wage payrolls from time to time for the purpose of paying less taxes or insurance premiums during working life do not reflect the truth. On the other hand, it is one of the settled opinions of the Supreme Court that the real wage is the wage that must be paid to the employee according to the seniority of the employee and the characteristics and nature of the work he does, and that there is no wage that has been recorded in the workplace or insurance records. In this case, the determination of the actual fee becomes important. In the concrete case, it is understood that the plaintiff’s wage in the workplace records is shown as the minimum wage, but it is understood that there is no dispute that the plaintiff is the mold master. As a result of the investigation of the precedent fee by the court, the judgment is based on the account October report dated 03.08.2015 1. in the option, taking into account the data reported by the Istanbul Plasterer Boyaci Inşaat Artisan Chamber, an account was made on 3.58 floors, 2. in the option, taking into account the data of the Ministry of Environment and Urbanization, it was understood that an account was made over 1.43 times. 1. For the accidental in accordance with these descriptions 3.58 times the wage based on the option, as well as the excess of the wage reported by the Construction Industry Workers’ Union, which is reported as a precedent wage; 2. it is clear that the 1.43 times fee based on the option is also less. Equitable compensation by the court in that case the work to be done for the account of a 23-year-old mold that can take a fee from TurkStat Ustasi by asking the file according to the real wages of workers within the scope of information and documents as shipwrecks determine unwavering, determined according to the actual charges davacinn material to recalculate the damages, making a decision based on the result by considering a combination of all the evidence consists of. Contrary to these explanations by the court, the fact that the option in which the accident’s fee is under calculated is based on the judgment is the reason for the violation. 2- On the other hand, there is no need for an appeal review of the discretion of non-pecuniary damages B.K. 47 and T. 6098 in force.B.K’un 56. according to the provision of the article, the Judge may decide that an appropriate amount of money should be paid to the relatives of the deceased as non-pecuniary compensation. The amount of money that the judge will decide to give to the relatives of the deceased in the name of moral damage should be in accordance with justice. This money, which will be judged, has an original nature, which has a function similar to compensation, which will ensure the birth of spiritual peace in the person who has been harmed. Just as there is no penalty, mamelek has not aimed to cover the damage related to the law. Then the limit of this compensation should be determined according to its purpose. The amount to be appreciated should be as much as is necessary to achieve the effect of the desired Sense of satisfaction to be achieved in the current state. the special circumstances and conditions that will affect the amount of moral compensation to be assessed in the justification of the Supreme Court Case Law Unification Decision dated 26.06.1966 and numbered 7/7 have also been clearly shown. As these may vary according to each event, the judge should show the reasons that are effective to him in using his discretion in this regard in an accurate manner according to objective measures at the place of his decision. Although the task of determining the amount of moral compensation is left to the discretion of the judge, the amount decided must be commensurate with the moral damage suffered and alleviate the sadness felt. The judge discretion while using these, the economic conditions of the country, the purchasing power of money, the social and economic situation of the parties, the parties of the defect consideration of characteristics such as the weight status of the event date of the event, the event of the employer in addition to overseeing the health and safety measures as appropriate in developing the approach also taken enough after they stemmed from the law alongside deterrence rate woke a sense of satisfaction for non-pecuniary damages, it is obvious that should be appreciated. (HGK 23.6.2004, 13/291-370) When these principles are observed, it is clear that the estimated non-pecuniary compensation of TL 25,000 for each of the plaintiff brothers is excessive. In that case, appeals by the party’s deputies aimed at these aspects must be accepted, and the provision must be overturned. CONCLUSION: VIOLATION of the provision for the reasons described above, return of the appeal fee to the appellants on request, assessed for the benefit of the plaintiffs 1.350.00.TL . The court decided unanimously on 15.11.2016 to transfer the lawyer’s money to the opposite party. MG
4.Legal Department 2015/10236 E. , 2016/11325 K.
“Case law, the text of” the court :the court by the plaintiff’s attorney the defendant with the petition given due to the unfair action against her 03/07/2013 day, be it spiritual or material made by the court upon request of compensation at the end of the trial; the case for adoption of a given partially 15/01/2015-time decision by the Supreme Court as the plaintiff’s attorney requested within the exam period, but once the petition of Appeal has been decided upon the adoption of the examination by the judge with the report was discussed by examining the papers in the file. The case concerns a request for payment of moral damage suffered due to an unjust act. A part of the request was accepted by the court; the decision was appealed by the deputy plaintiff. Plaintiff, ….he said that he worked as an auto spare part manufacturer at a business called, the defendant he worked with at the same business on the date of the incident, when he looked at him Decisively, the argument between them turned into a fight, the defendant hit him hard in the face with a glass cup in his hand …. According to the report of the Board dated 16/02/2011, it cannot be fixed by simple medical intervention and that the person was injured in such a way that permanent damage occurred, a criminal case was opened against the defendant for “intentional injury”, … 31. Stating that the Criminal Court of First Instance decided to convict the defendant with the decision No. 2010/9201, 2011/608, and that this decision was finalized on 01/12/2011, he requested compensation for his moral damage. The defendant argued that a decision should be made to dismiss the case. The court considered the action fixed and decided to partially accept the case. 47 of the Code of Obligations. item (TBK md.56) according to the provision, the amount of money that the judge will decide to give to the right holder in the name of non-pecuniary damage, taking into account special circumstances, must be in accordance with justice. This money, which will be judged, has an original nature, which has a function similar to compensation, which will ensure the birth of spiritual peace in the person who has been harmed. It is not a penalty, nor is it intended to cover damage related to asset law. Then the limit of this compensation should be determined according to its purpose. The amount to be appreciated should be as much as is necessary to achieve the effect of the desired sense of satisfaction to be achieved in the current state. the special circumstances and conditions that will affect the amount of moral compensation to be assessed in the justification of the Supreme Court Case Law Unification Decision dated 22/06/1966 and numbered 7/7 have also been clearly shown. As these may vary according to each event, the judge should show the reasons that are effective to him in using his discretion in this regard in an accurate manner according to objective measures at the place of his decision. As for the concrete case; the date of the event, the way that it happened, developing the format of the hard work to occur on the plaintiff’s face, and the social economic status of the parties the above principles are taken into account when non-pecuniary less the amount of damages awarded, and the plaintiff had a higher amount for the benefit of the decision on the corruption of nonpecuniary damages. CONCLUSION: It was unanimously decided on 17/11/2016 that the appealed decision would be OVERTURNED for the reasons shown above and that the fee received in advance would be refunded upon request.
Legal Department 2016/4253 E. , 2016/14645 K.
“text of jurisprudence”
The court :the court of the plaintiff’s business to make moral and material compensation disability from a work accident at the end of the trial of the case; ref 89.312 in written reasons,00 TL pecuniary and non-pecuniary damages together with the legal interest, for granting from the defendant to the plaintiff within the period of examination is taken and the provision of First Instance temyizen party be required, and a trial by the defendant by counsel on request, by examining the file, it is understood that the work and are subject to prosecution Tuesday 29/11/2016 the day appointed for the hearing, and a summons was sent to the parties. On the day of the trial, the defendant’s deputy Lawyer and the opposing party’s deputy Lawyer … arrived. After hearing the oral statements of the lawyers present at the start of the trial, the hearing was terminated and the following decision was determined after reading the papers in the file with the report prepared by the Examining Judge on the same day. K A R A R 1 the decision is based on the evidence in the file the posts, according to legal gerektirici reason, all of the plaintiffs, the defendant appeals the denial of appeal outside the scope of the following paragraphs, 2-Litigation, plaintiff’s based on accidents that occurred in the history of 06.04.2000 by 42% due to the material and moral damages disability is related to the prompt. As a result of the trial, the court decided that the financial compensation of TL 59,312 and Non-pecuniary compensation of TL 30,000 would be taken from the defendant with the legal interest to be processed from the date of the accident and paid to the plaintiff. The file of records and documents within the scope of the plaintiff’s due to accidents that occurred in the history of 06.04.2000 for 42% of the employer that the defendant is null and void because of an accident at work in the company to 75%, the plaintiff 25% by the presence of defects has been detected, where the petition of the plaintiff’s attorney dated 25.01.2010 with 10.000 TL financial and punitive damages of $ to TL with the petition demanding financial compensation than 50,000 prompt on correctional dated 29.04.2015 59.312 to increase the petition for the increase in demand after the burial was in at the time of appearing for the defendant, it is understood that the statute of limitations. The dispute is resolved in such cases by T.B.K ‘s 146.article (B.K.’ 125.md ) the 10-year statute of limitations that is being applied in accordance with the law is collected at the point on which date it should be started As accepted in practice and teaching, the statute of limitations should be started from the date the perpetrator and the harm are learned. The fact that the person who has been harmed has learned about the damage means that he has learned all the conditions and conditions conducive to filing a lawsuit about the existence, nature and essential elements of the damage and showing the grounds of the case. The harm caused by a violation of the integrity of the body is clarified only by the physician’s report, which is drawn up as a result of care and treatment. In cases where bodily harm is developing, the onset of the statute of limitations should be based on the course of the disease, that is, the date of completion of development. It is clear that there is no change in the plaintiff’s disability as a result of an occupational accident in the case that is the subject of the lawsuit. In the concrete case, it is obvious that the material compensation was requested as a partial case in the lawsuit petition dated 25.01.2010, with the rights to claim for the surplus reserved. Accordingly, the statute of limitations has been cut as of the date of the lawsuit in terms of the financial compensation requested by the lawsuit petition and the balance will continue to be processed in terms of the amount of receivables. In these circumstances, the nature of the petition by the plaintiff’s counsel offered by the correctional dated 29.04.2015 complaint against defendants in the first instance the increase in demand over a period of the statute of limitations is offered define evaluated, as requested in the petition requesting financial compensation should be made when a decision is limited to the amount of; it has not been right to decide on the full acceptance of the claim for financial compensation, including the part that has been corrected. The establishment of a judgment by the court without taking into account these material and legal facts is contrary to the procedure and law and is the reason for overturning it. 3- In the review conducted at the discretion of non-pecuniary compensation, No. 818 B.K.No. 47 of the and No. 6098 of the current T.B.K’un 56. according to the provision of the article, the amount of money that the judge will decide to give to the rightholder in the name of non-pecuniary damage, taking into account special circumstances, must be in accordance with justice. This money, which will be judged, has an original nature, which has a function similar to compensation, which will ensure the birth of spiritual peace in the person who has been harmed. Just as there is no penalty, mamelek has not aimed to cover the damage related to the law. Then the limit of this compensation should be determined according to its purpose. The amount to be appreciated should be as much as is necessary to achieve the effect of the desired sense of satisfaction to be achieved in the current state. the special circumstances and conditions that will affect the amount of moral compensation to be assessed in the justification of the Supreme Court Case Law Unification Decision dated 22.06.1966 and numbered 7/7 have also been clearly shown. Since these may vary according to each event, the judge should accurately show the reasons that affect him when exercising his discretion in this regard in accordance with objective measures at the place of his decision. The judge discretion while using these, the economic conditions of the country, social and economic conditions of the parties, the purchasing power of money, the parties, the defect status of the event, the weight, the consideration of characteristics such as date of event, the event of the employer’s Occupational Health and safety measures in addition to not enough in the law stemmed from a sense of satisfaction, as appropriate, by considering also the approach also woke deterrence alongside developing at the rate for non-pecuniary damages, it is obvious that should be appreciated. (HGK 23/06/2004, 13/291-370) In accordance with these principles, it is clear that the parties’ social and economic status, especially when the date of the incident and the incapacity rate of the casualty are taken into account, is more than 30,000.00 TL of non-pecuniary compensation ruled in favor of the plaintiff. The limitation period for the prosecution of the work to be done by the court given after breeding has passed a petition against the respondent within the time of the burial the statute of limitations, taking into account that financial compensation is limited to the amount requested in the petition prompt about and make a decision in accordance with the principles described above for non-pecuniary damages and equitable consideration is much appreciated in damages to appreciate. In that case, the defendant’s appeals aimed at these aspects must be accepted and the judgment must be overturned. CONCLUSION: It was decided unanimously on 19/11/2016 that the decision was OVERTURNED for the reasons described above, the appeal fee was returned from the appellants to the defendant upon request, the trial Attorney’s money of TL 1,350.00, which was valued for the defendant’s benefit, was loaded to the other party, the appeal fee written below was loaded from the appellants to the plaintiff.
1.Legal Department 2016/35688 E. , 2016/21259 K.
”Case Law Text” COURT: EMPLOYMENT COURT CASE: The plaintiff requested that a decision be made on the payment of material compensation and non-pecuniary compensation. The local court has decided to partially accept the case. After hearing the report prepared by the Examining Judge for the case file, the file was examined, discussed and considered as necessary: SUPREME COURT DECISION A) Summary of the Plaintiff’s Request: The plaintiff belongs to the defendant Company …. he served as a captain on a dry cargo ship, during his time working with this ship, he loaded and unloaded at many ports, finally, the lumber and chipboard that he took from Turkey ….on 18.03.2008, the ship was unloaded in the port city of Mishurata and could not leave the ship and port for 1 year with its crew working on 13 ships as a result of an operation conducted by the Libyan police and port officials as a result of an alleged leak of fuel received during the receipt of fuel that the ship will use on the way back, 10 months due to the event in question he was going through the court process and the prosecution was acquitted on 13.01.2009 in 2 Months, 1 year for a period lived his life in prison, just because the crew under the command itself is not responsible for the increasingly heavy burden on your shoulders, and it would ruin your psychological and physical health of this process, in this process the employer does not pay the money for himself and the crew of full and regular, as required by claiming that he was left alone 1.000,00 TL. financial and 40,000.00 TL.he demanded pay of non-pecuniary compensation. B) the defendant’s answer Summary: The defendant, that the plaintiff’s allegations were untrue, legal and financial support for the inconvenience that lived in the plaintiff Company was found to help the family has been made from the company that is flawed to dismiss the case by arguing that the ship as the captain asked. C) Summary of the Trial Process and the Decision of the Local Court: If the court cannot prove what kind of material loss the plaintiff has based on the collected evidence, the defendant proves that the employer pays the plaintiff’s wages, occasionally sends money to the plaintiff’s family at the request of the plaintiff with documents submitted to the file, the plaintiff is instructed by the company to buy fuel, even if the witness says that the agent uses the vehicle; it is clear that the purchase of fuel should be made by contacting the agent, the plaintiff was ultimately acquitted, there was no material loss, the plaintiff’s psychological problems in the trial process could not be proven that the conditions of moral compensation are not available in the case, the purpose of moral compensation; enough to relieve suffering, broken renew his will to live life to provide a balance to reconnect with the Spiritual, the psychological problems experienced become corrupted in the way of plaintiff’s mental health on grounds that it could not be proven rejection of the plaintiff’s claims for material and moral damages has decided to. The decision was appealed by the deputy plaintiff and overturned by our Department. In summary, it is stated that the claimant’s claim for moral damages must be accepted with a reasonable amount, while its rejection is erroneous. The court complied with the violation, as a result of the trial held after the violation, it was decided to partially accept the plaintiff’s request for moral damages and reject the request for financial compensation. D) Appeal: The decision was appealed by the deputy plaintiff. E) Justification: 1- According to the articles in the file, the evidence collected and the legally required reasons on which the decision is based, the plaintiff’s attorney’s appeals that fall outside the scope of the following paragraph are not in place. 2- The dispute between the parties is collected at the point of the Decisively determined amount of non-pecuniary compensation. Although the task of determining the amount of moral compensation is left to the discretion of the judge, the amount decided must be commensurate with the moral damage suffered and alleviate the sadness felt. When exercising the judge’s right of discretion, it is clear that the economic conditions of the country, the social and economic situations of the parties, the purchasing power of money, the defect status of the parties, the weight of the incident causing moral damage should be taken into account and a reasonable amount of moral compensation should be appreciated. The moral compensation to be awarded is of an original nature that has a function similar to the compensation that will bring about spiritual peace in the person who has been harmed. Just as there is no penalty, there is no purpose to cover the damage related to the mameluk law. Considering this principle of universal law, the amount of moral compensation awarded for the benefit of the plaintiff, the period of detention of the plaintiff abroad, the inability to return to the country for 1 year and the responsibility and social status of the employer due to his duty to the evil eye is very small. While a higher amount of non-pecuniary compensation should be decided by the court, it is 7.500,00 TL without considering these issues. the provision of non-pecuniary compensation was erroneous and required to be overturned. F) Conclusion: It was unanimously decided on 29.11.2016 that the appealed decision should be OVERTURNED for the reason written above and that the appeal fee received in advance should be returned to the relevant person upon request.
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