The Administration Is Responsible For The Damage To The Vehicle Due To The Open Sewer Cover

The Administration Is Responsible For The Damage To The Vehicle Due To The Open Sewer Cover

The administration is responsible for the damage caused to the vehicle due to the open sewer cover. This is because the administration should take precautions against damages that may occur in the environment in its field of duty, warn and end the service in a way that the citizen will not be harmed.

 

17th Civil Chamber of the Court of Cassation

Principal Number: 2018/4210

Decision Number: 2020/4644

 

“Case Law Text”

COURT :Civil Court of First Instance

At the end of the trial of the cancellation of the objection case between the parties; Upon the appeal of the judgment on partial acceptance of the case for the reasons written in the decision by the defendant Izmir Water and Sewerage Administration within the time period, the file was examined and considered:

-DECISION-

The plaintiff’s attorney stated that the … plate vehicle was insured in the name of …, the insured’s vehicle was damaged as a result of hitting the sewer cover on the dug pit belonging to the defendant, the damage cost was paid by his client to the insured, the damage cost was requested to be paid from the defendant with recourse, but the defendant administration did not make payment, then an enforcement proceeding was initiated against the defendant with the file numbered 2014/13637 of İzmir 15. Execution Directorate’s file numbered 2014/13637, the defendant objected to the proceeding, and requested and sued for the cancellation of the objection made by the defendant and the continuation of the proceeding and the award of execution denial compensation, provided that it is not less than 20% of the receivable.
The representative of the defendant Izmir Water and Sewerage Administration requested the rejection of the lawsuit.
The court, based on the claim, defense, collected evidence and the adopted expert report and the Chamber’s reversal decision dated 31/05/2017 and numbered 2016/13716 Esas-2017/6156 Decision numbered 31/05/2017, with the acceptance of the case, the cancellation of the objection of the debtor defendant in the follow-up file numbered 2014/13637 of İzmir 15th Execution Directorate and the cancellation of the objection of the debtor defendant in the file numbered 6. 651,17 TL principal receivable and 502,16 TL accrued interest, dismissal of the request regarding the surplus, dismissal of the request for execution denial compensation since the receivable requires a trial, and the judgment shall be annulled as “In the file numbered 2014/13637 of İzmir 15th Execution Directorate, the debtor in the file numbered 2014/13637 of İzmir 15th Execution Directorate
It was decided to cancel the defendant’s objection and to continue the proceedings over the principal receivable of 6.470,00 TL and 502,16 TL of accrued interest, and to reject the request for more”; the judgment was appealed by the attorney of the defendant Izmir Water and Sewerage Administration.
According to the file content, the fact that the decision has been made in accordance with the reversal, the evidence on which the decision is based, the reasons in accordance with the law, and there is no inaccuracy in the appreciation of the evidence; It was unanimously decided on 09/07/2020 to reject the appellate objections of the defendant Izmir Water and Sewerage Administration and to APPROVE the judgment, which is in accordance with the procedure and the law, and to collect the remaining approval fee of 418.44 TL, which is written below, from the appellant defendant Izmir Water and Sewerage Administration.

 

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