Petition For Compensation Case For Traffic Accident Resulting In Death
ANKARA CIVIL COURT OF FIRST INSTANCE ON DUTY
REQUESTER :A….. B….. (T.C.:…………….)
ADDRESS
REPRESENTATIVE :
ADDRESS
MURİS :E…. B…. (T.C.:…………….)
LICENCE PLATE NUMBER :06 …
CAUSE OF ACCIDENT
GIVER :C….. D….. (T.C.:……………)
LICENCE PLATE NUMBER :06 …
CASE VALUE :…………………….TL
SUBJECT OF THE CLAIM :
06 … licence plate vehicle belonging to the deceased and the defendant C….. D…..’s 06 … licence plate vehicle ../../…. As a result of the traffic accident in which E… B… lost his life as a result of the traffic accident on the date of …/…/, it consists of our material and moral compensation claims for the damage suffered by the client, who is the heir.
EXPLANATIONS
Muris E….. B….., …. with 06 … licence plate number …. Vehicle (copy of the licence plate is attached to the petition as Annex-1) with ../../…. While travelling towards Ostim from the direction of Batıkent on the date of …/../….. D…. with the number plate 06 … …. Model …. Brand vehicle, ……………………. Intersection was involved in a traffic accident.
C….. The vehicle driven and managed by D…. could not stop by violating the speed limit rules of the location where the accident occurred and hit the vehicle driven and managed by the client at speed, causing the client to hit the vehicle in front and thus a chain traffic accident occurred. E….. B….. was trapped in the vehicle; he was taken out of the vehicle by the paramedics who arrived at the scene of the incident and was transferred to the hospital by ambulance. Despite all interventions at the hospital, E… B… could not be saved.
As a result of the incident, a Traffic Accident Detection Report (Annex-2) was kept with the police teams arriving at the scene. According to the defect report (tramer) issued in accordance with this report, C….. D….’s 06 … licence plate vehicle is fully and primarily at fault. The deceased has no fault in this accident.
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As it can be understood from the certificate of inheritance (Annex-3) that we have submitted in the annex of the petition, the client is the only heir of the deceased. In this way, the client had to cover the hospital and burial expenses of the deceased (the identity information of the deceased is presented in the annex of the petition Annex-4) out of his own pocket. Invoices and documents regarding these expenses are attached to this petition (Annex 5).
However, the client was not working and the client’s father, the muris E… B…. was providing the client’s livelihood. With the death of the deceased, the client was deprived of the financial support provided by the deceased. In addition to the sadness and grief he experienced with the death of his father, he also fell into financial difficulties in this way.
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Ankara … Criminal Court of First Instance No. 2021/… with the file numbered 2021/…, the public case (public case) against C….. D…. who caused the death of the client’s father (the indictment is attached as Annex 6), and the trial is ongoing. Without prejudice to our rights regarding the excess until the fault ratios are determined by the expert examination to be made by this criminal case and the civil court;
As a result of the accident that occurred, the support deprived by the client as a result of the accident, the hospital treatment expenses and burial expenses of the deceased, and the damage and loss of value of the vehicle… TL material compensation for the time being due to the damage and loss of value of the vehicle, and in order to reduce the sadness and grief experienced by the client due to the negative factors caused by the accident, we demand that the defendant be taken from the defendant and paid to us… TL moral compensation for the time being.
LEGAL GROUNDS : TCC No. 6047, HMK, Attorneyship Law and other relevant legislation
EVIDENCE :
Photocopy of the vehicle licence, ….. dated …/…/2021 Traffic Accident Report with Accident Sequence Number, Decree of Inheritance, Identity information of the deceased, Invoices and documents regarding hospital and burial expenses, Ankara … Criminal Court of First Instance file numbered 2021/… and all other evidence
CONCLUSION AND DEMAND :
For all the reasons explained above; without prejudice to our rights to demand more;
1-The support deprived by the client as a result of the accident, the hospital treatment expenses and burial expenses of the deceased, and the damage and loss of value of the vehicle … TL for the time being … To collect our financial compensation claim from the defendant with legal interest,
2- In order to reduce the sadness and distress experienced by the client due to the negative factors caused by the accident, the amount to be determined at the end of the trial in order to reduce the sadness and distress experienced by the client to some extent, to collect … TL non-pecuniary damages from the defendant for now,
3- We request by proxy that the judicial expenses and attorney’s fee be decided to be left on the defendant. 01.12.2021
REPRESENTATIVE OF THE PLAINTIFF A… B…
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