Summary:
Although they are the heirs of the deceased, the right holders who are in the situation of a third party in terms of insurance policy coverage will be able to request financial compensation from the insurance company.
At this point, the fault of the deceased vehicle driver or operator does not change the result.
T.C.
Supreme
17. law office
Main Number: 2011/4489
Decision No: 2012/7609
K. Date:11.6.2012
The plaintiffs’ attorney informed the defendant EGS Sigorta that their client murisi R, who was insured with a ZMSS policy, died in an accident caused by the vehicle in which he was a passenger, and 3,500 TL for the plaintiff’s mother Türkan., 3,500 for baba Ali. TL. lack of support from the date of application or the date of the accident compensation together with interest, legal process, and sued the defendant at his request, and the total demand for breeding mom with 18.309 TL.na, for dad 18.309 TL.Na is increased.
The defendant, EGS Insurance attorney, requested the dismissal of the case by stating that the plaintiffs who died in the accident were the operators of the vehicle and that compensation could not be claimed.
The court; According to the evidence collected and the expert report received, the accident occurred while the deceased Rukiye was in his vehicle as a passenger and 3.it was decided to dismiss the case on the grounds that it cannot be considered a person, the plaintiffs did not suffer direct bodily harm due to the incident, and the Compulsory Financial Liability Insurer was not responsible for the damage caused in the form of reflection; the verdict was appealed by the plaintiffs’ attorney.
The case is related to the claim for compensation for deprivation of support caused by a traffic accident.
That the plaintiffs filed a lawsuit not only as the heir of the deceased, but as a third person deprived of support, that the defect in the formation of the loss of support arising directly on the plaintiffs due to death will not be reflected on the plaintiffs; therefore, if the driver or operator of the vehicle is completely defective, it will not affect the plaintiffs deprived of support; No. 2918 Highway Traffic Act Highways and according to the general terms of motor vehicle liability insurance, vehicle liability insurer, Insurance Company, defendant, third parties operate, or in the event that the operator is flawed and has guaranteed full damage to the drive, even if it is damaged if deprived of support is located at the third position in the party since the plaintiffs, the court requires that the defendant will be responsible for the acceptance of the insurance company. hgk.15.06.2011 day and 2011/17-142 basis 411 decision, HGK. 22.02.2012 day 2011/17-782 main decisions numbered 2012/92 are in this direction.
Then, while it is necessary to make a decision according to the result that will be obtained by evaluating the evidence collected by the court together, it is not correct to decide to dismiss the case on written grounds.
result
For the reasons described above, it was unanimously decided on the day of 11.06.2012 to OVERTURN the judgment with the acceptance of the appeals of the plaintiffs’ attorney and to return the advance fee to the appellant plaintiffs upon request.
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