Fully At Fault Driver
T.C.
Supreme Court
17th Civil Chamber
Main No: 2015/4359 Decision No: 2012/6111 Date of Judgment: 14.5.2012
The plaintiff’s attorney stated that his client’s wife M.H. died in a one-sided accident that occurred while driving a vehicle insured to the defendant, and that they were deprived of her support, and requested a decision to collect from the defendant with interest the burial expenses of TL 250.00, which was increased by amendment to TL 22,308.62 for wife H., TL 8,818.37 for daughter M. and TL 8,628.01 for son V., and waived the request for burial expenses during the trial.
The defendant’s attorney defended that they were responsible for the actual damage at the rate of fault and the policy limit.
The court, according to the evidence collected and the expert report adopted, it was understood that the deceased was fully at fault in the accident, the operator and therefore the defendant insurance company was responsible for the support damage of the plaintiffs in the third party position, and the lawsuit was partially accepted, and the plaintiff H. TL 8.623,01 for M., TL 8.818,37 for M. and TL 8.623,01 for V., totaling a total of TL 39.750,00 for compensation for deprivation of support, together with interest, and to reject the claim for burial expenses due to waiver; the judgment was appealed by the defendant’s attorney.
There is no irregularity in the information and documents in the file, in the reasoning of the court decision, in the discussion and evaluation of the evidence relied upon, especially in the calculation of the support compensation stated in the actuarial expert report prepared in accordance with the occurrence, that the plaintiffs filed a lawsuit not only as the heirs of the deceased, but as the third person deprived of support, that the fault in the formation of the loss of deprivation of support arising directly on the plaintiffs due to death cannot be reflected to the plaintiffs; therefore, in case the driver or the operator of the vehicle is at full fault, the defendant insurance company, the compulsory financial liability insurer of the vehicle, according to the Highway Traffic Law No. 2918 and the General Terms and Conditions of the Compulsory Financial Liability Insurance for Motor Vehicles, covers the damages caused by the operator to third parties, and even if the operator or the driver is at full fault, the defendant insurance company will be liable, since the plaintiffs who are deprived of support are in the position of the third person who suffered damage (HGK’s decision dated 15. 6.2011, 2011/17-142 Esas-411 Karar, 22.2.2012, 2011/17-787 Esas 2012/92 Karar), it was unanimously decided on 14.5.2012 that all the objections of the defendant’s counsel were rejected and the judgment, which was in accordance with the procedure and the law, was APPROVED and the receipts written below were approved.