13 May Regarding The Amount Of Moral Compensation Resulting From a Work Accident
T.C. Supreme Court 21. Legal Department Principal No: 2013/1589
Decision No: 2013/9138
Decision Date: 07.05.2013
COMPENSATION CASE – RELATIVES OF WORKER WHO DIED AS A RESULT OF WORK ACCIDENT
PROMPT OF REMOVAL OF MORAL DAMAGES-COMPENSATION
THAT ITS LIMIT WILL BE DETERMINED BY ITS PURPOSE-SPIRITUAL
ERROR OF OVER-APPRECIATION OF COMPENSATION-PROVISION
Disrupted
Summary: the case is aimed at the removal of the moral damages of the relatives of the worker who died as a result of work accident.
related. Decision of the judge to give the right holder in the name of moral damage by taking into account special circumstances
the amount of money he will give must be in accordance with Justice. This money to be ruled, the loss of the spiritual
it has a unique quality that has a similar function to compensation to bring about peace. One
not only is there no penalty, it did not aim to cover the damage related to mamelek law. Then,
the limit of this compensation must be determined according to its purpose. Amount to be appreciated, obtained in the present state
it must be as much as necessary to achieve the effect of the desired satisfaction feeling. Each of these
the judge may vary according to the case, and the reasons that are effective in exercising his discretion in this matter are also
the decision must be made according to objective measures in place.
(4857 P. K. m. 77) (818 P. K. m. 47) (YIBK 22.06.1966 T. 1966/7 E. 1966/7 K.) (YHGK 23.06.2004 T.
2004/13-291 E. 2004/370 K.)
Lawsuit: the plaintiffs claim that financial and moral compensation arising from Murisi’s death as a result of work accident
has asked that we be given to moving.
The court has decided that the request is partially accepted, as stated in the warrant.
Your judgment is that the plaintiffs and the defendants… P. and E … Tic. Co. Ltd. appeal by his deputies,
C … A.P. the request for an appeal is due to be appealed by the attorney with a hearing.
after being understood and read the papers in the dossier with the report issued by The Examiner K G A, and
the case for the ruling subject to appeal is 438 of the Code of Civil Procedure. numbered in article and
because it does not comply with any of the limited cases, the Supreme Court review must be heard
after the decision was made to reject the request, the work was considered necessary and the following decision was made:
identified:
Verdict: lawsuit seeks to remove moral damages of relatives of worker who died as a result of work accident
related.
The court held that the plaintiff’s defendant A … A.P. to the rejection of the case against the plaintiff due to renunciation,
defendants C … A.P. and E… Ltd. Ltd. with the partial acceptance of the case against him, muris M. He.d’s daughter. He.
50.000, 00 TL for his daughter K. A. $ 50,000, 00 for his son O. He. $ 50,000, 00 for his son A. He. for 50.000, 00
TL, his mother F. He. 15.000, 00 TL for his brother H. D. 7.000, 00 TL for his brother R. He. for £ 7,000. 00,
non-pecuniary compensation with legal interest from the date of the accident, 19.12.2010
the request to be received jointly and severally from the defendants and to be given to the aforementioned plaintiffs,
he decided to reject it.
77 Of The Labor Code. article to examine the relevant articles of Occupational Health and Safety Regulation
the relationship between the defendants by means of measures to be applied in the workplace according to the nature of the workplace
what is happening, what measures are required for the employer to take in the workplace, what measures are taken, which
in a detailed form, such as whether the worker has not taken the measures and whether the worker has complied with the measures taken
the proportion and the belonging of the defect by examination in a way that does not place any doubt or hesitation,
it is understood he has not been identified.
The work to be done is to submit the file to the expert committee of 3 persons who are experts on the health and safety of the workers.
to examine the subject again as described above by experts, together with all the evidence
it’s about evaluating and making decisions based on the outcome.
According to the admission, the plaintiffs ‘ father, brother and son, M. He.occurred on 19.12.2010
death as a result of work accident, 20% of the deceased worker was defective in the occurrence of the accident
it is understood.
47 Of The Code Of Obligations. in accordance with the provisions of the article, the judge shall take into account the special circumstances of moral damage
the amount of money that it will decide to give to the rightful owner with its name must be in accordance with Justice. To be ruled
this money is similar to compensation for the cause of loss to the cause of spiritual peace.
the function has a unique attribute. As there is no penalty, the harm related to mamelek law
he didn’t want it to be met. So, the limit of this compensation is based on his purpose.
it has to be determined. The amount to be appreciated is the sense of satisfaction that is desired to be achieved in the present state
it should be as much as is necessary to achieve its effect. Case law of the Court of Cassation dated 22.06.1966 and numbered 7/7
Special case affecting the amount of non-pecuniary compensation to be appreciated in the reason of the decision to merge; and
the circumstances are also clearly illustrated. The judge appreciates this, as these can vary according to each event
the reasons that are effective to him while exercising his right are in a proper manner according to objective measures at the decision place
it should show.
In exercising this discretion of the judge, the economic conditions of the country, the social and economic of the parties
characteristics such as status, purchasing power of money, defect status of parties, weight of event, date of event
in addition, the employer’s health and safety measures of the incident should be considered.
satisfaction in accordance with the approach in the law developed by considering that it is caused by not receiving
it is clear that moral compensation should be appreciated at the rate that evokes deterrence alongside the sense
is in the middle. (HGK 23.06.2004, 13/291-370)
Following these principles, the children of the worker who died, plaintiffs D. He., K. A., O. He. and A. He. benefit
the over-appreciation of the moral reparations that have been ruled has been erroneous.
The procedure for the court to decide in writing without taking into consideration these material and legal cases and
it’s against the law and it’s a violation.
So the plaintiffs and defendants are C … San. A.P. and E… Ltd. Ltd.appeals of Appeals aimed at these aspects of
it must be accepted and the provision broken.
Conclusion: other appeals based on the reason for overturning the provision for the reasons described above
that there is no room for examination of their objections for the time being, and that the appeal fee should be paid to the appellants upon request.
his extradition was decided by unanimous decision on 07.05.2013.
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