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CHAIRMAN: Lawyer Saim İNCEKAŞ- Turhan Cemal Beriker Boulevard, Ziya Algan Business Center No: 9 K: 5 D: 41, 01010 Seyhan / ADANA



SUBJECT: About the Appeals and Objections to the Petition.


In the case file filed by the plaintiff's attorney at your Court, the lawsuit petition for the request for the collection of X TL non-pecuniary damages together with the legal interest to be accrued from the date of the accident has been notified to us on X, and we present our responses and objections to this lawsuit against the defendant client in due time. Namely:

In the case petition, on X date, my client Turizm Nakliyat San. Ve Tic. Ltd. As a result of the traffic accident passing between the vehicle with license plate registered on his company, the plaintiff has been requested for moral compensation due to the injury he suffered due to the explosion of the window of the vehicle he was in.

A public lawsuit has been filed regarding the accident and the public case is still ongoing in the case file of the 2nd Criminal Court of First Instance. My client was not a party in the public case because he was the operator, and could not present our objections to the expert and ATK reports that were taken in this context. Also the information in the criminal case. documents and reports the claimant's claim for non-pecuniary damages, nature and strength are not. Namely, in the defect report in the said criminal file, the vehicle driver is contrary to the truth rate attributed to the defendant, therefore, the work that does not bind the legal judge will not be taken into consideration by your court. In accordance with the report to be prepared by expert experts in the field, we request the re-appointment of the defect rate separately from your court. On the other hand, the traffic accident occurred in the vehicle in which the plaintiff Remember the transport is also available. For this reason, the driver of the vehicle in which the plaintiff and the physical condition of the vehicle in question all kinds of physical demands to be considered. As a result of all this, it will be realized that the case for the non-pecuniary damages in the presence of our client is also unjust and irrelevant.

We are of the opinion that the injury caused by the explosion of the windshield of the YE 4-plate Doğan brand vehicle in which the plaintiff is a passenger will not normally occur against a person wearing a seat belt in a comparable vehicle with an original glass. Considering the age of the vehicle and the tramer records, it is known that the windshield has been changed due to the previous accident, and the changed non-original glass is much easier to break and explode, as it is more susceptible to injury.

As can be understood from the doctor's report obtained from the State Hospital after the accident, the injuries can be corrected with simple medical intervention. In the ordinary course of life, it can be removed with the make-up of every woman, and it is not large enough to affect her life, work, relationships and marriage. Non-pecuniary damages are exorbitant and compensation should be in accordance with the principle and equity and should not be used as a means of enrichment. That is to say, as stated in the judgment of the Supreme Court and its established case law;

‎Decision of the Supreme Court 17. HD., M. 2014/18869 K. 2017/1807 T. 23.2.2017: Non-pecuniary damages have a unique quality that will provide moral peace for the injured person and have a similar function to compensation. Non-pecuniary damage is not a punishment, nor does it aim to compensate for the damage related to the property law. The injured person should not become rich and the person responsible for the damage should not become poor. The amount to be appreciated should be as much as is necessary to achieve the effect of the desired satisfaction in the present state. In this case, the amount of non-pecuniary damage awarded should be determined by evaluating together the characteristics of the concrete incident, the date of the accident, the fault status of the parties, the economic and social conditions of the parties, and the effects on the occurrence of the event. 

LEGAL REASONS: Highways Traffic Law, Turkish Code of Obligations and relevant legislation provisions

EVIDENCE: Without prejudice to our right to present evidence against all kinds of evidence to be taken into account during the trial and all the evidence presented and to be presented by the opposing party; 2. The case numbered file of the Criminal Court of First Instance, birth records, hospital records, witness statements, expert report from the expert, oath, extortion, etc. any legal and other discretionary evidence.

RESULT AND REQUEST: For the reasons presented: We respectfully supply and demand that the decision of the denial of the case, which is not in place, be charged to the plaintiff, the cost and the attorney's fee be charged to the plaintiff. 2021

Lawyer Saim İNCEKAŞ - Adana Lawyer ve Law Consultancy Office provides professional consultancy and advocacy services in cases of “non-pecuniary damage”. Attorney Saim İNCEKAŞ is based in Adana and the address of İncekaş Law Office is as follows: Kayalıbağ Mahallesi, Ziya Algan Business Center K:5 D:41, Seyhan/Adana. You can contact us directly by calling 05349109743 to get attorneyship and consultancy services.

About the Author: Lawyer Saim İncekaş

Saim İncekaş is a lawyer registered with Adana Bar Association. He has been working at İncekaş Law Firm, which he founded, based in Adana, since 2016. After completing his law education with a master's degree, he carried out many different studies in this field. He is an expert in areas such as family law, divorce, custody cases, children's rights, criminal cases, commercial disputes, real estate, inheritance and labor law. Saim İncekaş is actively involved not only in the Adana Bar Association, but also in associations and organizations such as the European Lawyers Association, the Union of Turkish Bar Associations and Access to the Right to a Fair Trial. In this way, it takes part in many studies aimed at increasing awareness of the universality of law and confidence in the legal system. Contact Us Now via WhatsApp for an Appointment and Preliminary Meeting

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