04 Dec Legal Responsibility Of The Vehicle Operator
T.C.
SUPREME
11. LEGAL DEPARTMENT
Principal No: 2013/2031 Decision No: 2014/6091 D. Date: 28.3.2014
16.01.2012 date of Tunceli by the civil court between the parties in cases and 2008/105-2012/18 the decision of the deputy hearing if requested by the party to be examined in the hearing set for polling is not understood by the present defendant, H. and Noble the other day 25.03.2014Y. after the hearing, due to the intensity of the hearing and the narrowness of time, the work was examined and the decision was taken forward.After hearing the report organized by the examination Judge and again reading and examining the petition, documents, hearing minutes and all documents in the file, the work was discussed and discussed:
The attorney of the plaintiffs is the son and brother of their client T.D.in
On 26.12.2006, the defendant H.Y. he died in a unilateral accident that occurred while he was a passenger in the vehicle in which he carried out intercity passenger transport without obtaining the necessary permits in the dispatch and administration, the defendant company was in the position of the operator of the vehicle, this issue was expressed as a victim in the file 2007/115 of the Elazig Heavy Criminal Court.S. claiming that it is fixed by the statement, from £ 1,000 for each claimant, provided that their rights to the surplus are reserved
A total of 38,000 rubles of compensation, including 8,000 rubles of material and 30,000 rubles of spiritual, from the plaintiffs with a request for reclamation.D. he requested and sued jointly and severally from the defendants,together with legal interest for $ 10,145.65 in material, $ 3,750 in moral compensation, which will be processed from the date of the event.
Defendant H.Y. his attorney argued that it was wrong to impose the entire defect on his client.
Defendant company attorney, defendant H.U. the client of the vehicle in the referral and administration does not have a direct or indirect commercial relationship with the company, referred to in the criminal file F.S.in a title, emblem, etc. that may link the client to the company on the ticket, that the ticket he presented is not related to the client, etc. he argued that the case should be dismissed.
According to the court, the claim, the defense expert report and the scope of the entire file, Elazig 1. In accordance with the expert reports obtained in the file 2008/136-529 E-K decision of the High Criminal Court and the report organized by the traffic specialized Department of the Forensic Medical Institution, the defendant H.Y.in which the defendant is considered to be fully defective and his conviction is decided, the defendant’s company attorney is the defendant H.Y. he argued that his client and his client have no commercial ties and do not have the title of operator, and the defendant in the vehicle certificate of the company is the defendant H.although the vehicle belonging to the plaintiff is not found, the prosecution witness A.A.Y. in their declaration, the defendant H.the vehicle works under the defendant’s travel company, carries passengers on the intercity road route between Elazig Tunceli, for a period the company’s name is on the vehicle, the defendant transports with passenger tickets cut off by the company, the phone numbers contained on the tickets belong to the defendant company, the transport business is continuous, The defendant company receives a commission,S.”he came to the Hozot garage on the date of the incident and said,” he said.T. When he went to a travel agency called Dersim, a young person who was there cut out a ticket and gave it to him and showed him the vehicle that left,” the defendant said.Y.the defendant carried out intercity transport within the company with the vehicle in which he was maliki, it was decided to jointly and severally collect TL 3.750.00 from the defendants together with the legal interest to be processed from the date of the event.
The deputies of the parties appealed the decision.
1-the decision made by the court was appealed by the plaintiffs ‘ attorney, and it could not be determined that this appeal was recorded in the appeal book, and the receipt that the appeal fee was deposited was not found in the file.
The procedure for issuing the appeal is described in Article 434 of the Humk.
Accordingly, the appeal petition must be registered in the appeal book and the appeal fee must be deposited.Since the appellate petition issued by the counsel of the plaintiffs requesting the appeal without these actions did not have the ability to review it, it was necessary to decide whether to reject the appellate request.
2-according to the information and documents in the case file, there is no procedural and illegal direction in discussing and evaluating the lunatics based on the reason for the court decision, the defendant is the deputy of the company and the defendant H.Y. it was necessary to decide on the rejection of all appeals that were not seen in the place of the Guardian.
Conclusion: for the reasons described in Paragraph (1)Above, the defendant’s attorney and the defendant’s attorney for the reasons described in Paragraph (2) H.Y. the following balance is taken from the appellate plaintiff, the following balance is taken from the appellate plaintiff, the appellate plaintiff’s appellate fee is 935.30 TL.T. Dersim Ltd. The defendant who appealed for the application fee of 956.45 TL to be received from shti, the balance written below is H.Y. Guardian C.Y. dan was awarded a unanimous decision on 28.03.2014.
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