Council of State 15. Head Of Department
Main Number : 2014/331
Decision No : 2017/65
Summary of the claim: The claimant company insured with the insurance policy of the 31 K 0362 plate tow truck, while traveling from Fethiye to Korkuteli on 20.01.2009, as a result of the hidden icing and slippery of the road, the damage cost of 15.148, 00-TL, which occurred in the vehicle as a result of a traffic accident caused by the driver losing his steering control and paid by the claimant to the insured, it will operate from 20.03.2009 T.C. As a result of the lawsuit filed by the Central Bank requesting compensation along with the highest advance interest applied to short-term loans, Antalya 2. The Administrative Court; According to the results of the expert examination conducted by the Forensic Medicine Institution, the decision made on the rejection of the case on the grounds that the administration has no service defects is not in accordance with the law, and it is requested to be overturned by appeal, arguing that it is not in accordance with the law.
Summary of the Defense: It has been argued that the request for appeal should be rejected.
Opinion: It is thought that the appeal request should be rejected.
ON BEHALF OF THE TURKISH NATION
The Fifteenth Chamber of the Council of State, which made the decision, listened to the explanations of the examination judge, examined the documents in the file and discussed as necessary:
Article 49 of the Administrative Trial Procedure Law No. 2577 entitled “Overturning the Decision”. 2 of the article. in the paragraph; As a result of the appeal review, the Council of State; a) The fact that a job has been looked at outside the duties and authority, b) Illegal decision, c) Errors or deficiencies that may affect the decision in the implementation of procedural provisions, the rule that the examined decision will be overturned due to the reasons is given.
From the examination of the documents in the file and the claims in the appeal petition, it has been concluded that the decision subject to the appeal request is in accordance with the law and procedure, and there is no legal reason to overturn the decision.
For the reasons explained; rejection of the appeal request, Antalya 2. The Administrative Court dated 20/09/2010 and E:2009/815 , K:2010/967 the APPROVAL of the decision No. 8 and the sending of the file to the Court, the Provisional 2577 day of the Law No. 18.06.2014 and the Law No. 6545 were added. article 1. and paragraph 54. article 1. in accordance with the paragraph, the decision was unanimously decided on 10/01/2017, so that the way to correct the decision is open within fifteen days from the day following the date of notification of this decision
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