At The End Of The Trial Held By The Court In Accordance With The Reversal, It Was Decided To Accept The Case And To Collect The Compensation From The Defendant Together With Commercial Interest And To Pay It To The Plaintiffs
T.C. JUDICIARY
17th Civil Chamber
Main: 2016/8228
Decision: 2016/7079
Date of Decision: 09.06.2016
COMPENSATION LAWSUIT – AT THE END OF THE TRIAL HELD BY THE COURT IN COMPLIANCE WITH THE REVERSAL, THE COURT ACCEPTED THE LAWSUIT AND DECIDED TO COLLECT THE COMPENSATION FROM THE DEFENDANT AND PAY IT TO THE PLAINTIFFS TOGETHER WITH COMMERCIAL INTEREST – CONFIRMATION OF THE JUDGMENT
SUMMARY: At the end of the trial held by the court in compliance with the reversal, it was decided to accept the lawsuit and to collect the total … TL compensation from the defendant with commercial interest to be accrued from the date of … and to pay it to the plaintiffs; the judgment was appealed by the defendant’s attorney. The judgment should be upheld.
(1086 S. K. art. 436)
Case: At the end of the trial of the compensation lawsuit between the parties; upon the appeal of the judgment on the acceptance of the lawsuit for the reasons written in the decision by the defendant’s attorney within the time limit, the file was examined and considered:
With the petition dated 11.05.2012, the plaintiffs’ attorney stated that the vehicle that caused the accident was insured by ….. and requested the collection of the balance 20.000 TL compensation from ……. for the time being by directing the lawsuit to this company, and with the amendment petition dated 07.11.2012, he increased his request to 29.530,13 TL for the time being.
The defendant …….. stated that it is the traffic insurer of the vehicle, that the plaintiffs were paid 20.826 TL compensation on 13.09.2007, that the lawsuit was not filed within 2 years, and defended the dismissal of the lawsuit due to statute of limitations.
The court dismissed the lawsuit against the defendant …. due to lack of passive hostility on the grounds that the driver of the vehicle insured by the traffic policy of the defendant …… was 100% at fault, and that the lawsuit was filed on 02.04.2012 after the 2-year statute of limitations expired, and dismissed the lawsuit against the defendant ………. due to statute of limitations, and the decision was reversed with the decision of our Chamber dated 31.03.2014, numbered 2013/5484 Main, 2014/4716 Decision, upon appeal by the attorney of the plaintiffs and the attorney of the defendant ……… The request for correction of the decision of the defendant …Ş. was rejected by our Chamber.
At the end of the trial held by the court in compliance with the reversal, it was decided to accept the lawsuit and to collect a total of 29.530,13 TL compensation from the defendant with commercial interest to be accrued from 22.09.2007 and to pay it to the plaintiffs (26.911,04 TL of 29.530,13 TL to the plaintiff … and 2.619,00 TL to the plaintiff …); the judgment was appealed by the defendant’s attorney.
According to the writings in the file and the fact that the court has ruled in accordance with the reversal decision, it was unanimously decided on 09.06.2016 to APPROVE the judgment, which is in accordance with the procedure and law, by rejecting all the objections of the defendant’s counsel which are not deemed appropriate.