T.C. Supreme Court 21. Legal Department Principal No: 2013\/1589
\nDecision No: 2013\/9138
\nDecision Date: 07.05.2013<\/p>\n
COMPENSATION CASE \u2013 RELATIVES OF WORKER WHO DIED AS A RESULT OF WORK ACCIDENT
\nPROMPT OF REMOVAL OF MORAL DAMAGES-COMPENSATION
\nTHAT ITS LIMIT WILL BE DETERMINED BY ITS PURPOSE-SPIRITUAL
\nERROR OF OVER-APPRECIATION OF COMPENSATION-PROVISION
\nDisrupted<\/p>\n
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.
\nrelated. Decision of the judge to give the right holder in the name of moral damage by taking into account special circumstances
\nthe amount of money he will give must be in accordance with Justice. This money to be ruled, the loss of the spiritual
\nit has a unique quality that has a similar function to compensation to bring about peace. One
\nnot only is there no penalty, it did not aim to cover the damage related to mamelek law. Then,
\nthe limit of this compensation must be determined according to its purpose. Amount to be appreciated, obtained in the present state
\nit must be as much as necessary to achieve the effect of the desired satisfaction feeling. Each of these
\nthe judge may vary according to the case, and the reasons that are effective in exercising his discretion in this matter are also
\nthe decision must be made according to objective measures in place.
\n(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.
\n2004\/13-291 E. 2004\/370 K.)
\nLawsuit: the plaintiffs claim that financial and moral compensation arising from Murisi’s death as a result of work accident
\nhas asked that we be given to moving.
\nThe court has decided that the request is partially accepted, as stated in the warrant.
\nYour judgment is that the plaintiffs and the defendants… P. and E … Tic. Co. Ltd. appeal by his deputies,
\nC … A.P. the request for an appeal is due to be appealed by the attorney with a hearing.
\nafter being understood and read the papers in the dossier with the report issued by The Examiner K G A, and
\nthe case for the ruling subject to appeal is 438 of the Code of Civil Procedure. numbered in article and
\nbecause it does not comply with any of the limited cases, the Supreme Court review must be heard
\nafter the decision was made to reject the request, the work was considered necessary and the following decision was made:
\nidentified:
\nVerdict: lawsuit seeks to remove moral damages of relatives of worker who died as a result of work accident
\nrelated.
\nThe court held that the plaintiff’s defendant A … A.P. to the rejection of the case against the plaintiff due to renunciation,
\ndefendants C … A.P. and E… Ltd. Ltd. with the partial acceptance of the case against him, muris M. He.d’s daughter. He.
\n50.000, 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
\nTL, his mother F. He. 15.000, 00 TL for his brother H. D. 7.000, 00 TL for his brother R. He. for \u00a3 7,000. 00,
\nnon-pecuniary compensation with legal interest from the date of the accident, 19.12.2010
\nthe request to be received jointly and severally from the defendants and to be given to the aforementioned plaintiffs,
\nhe decided to reject it.
\n77 Of The Labor Code. article to examine the relevant articles of Occupational Health and Safety Regulation
\nthe relationship between the defendants by means of measures to be applied in the workplace according to the nature of the workplace
\nwhat is happening, what measures are required for the employer to take in the workplace, what measures are taken, which
\nin a detailed form, such as whether the worker has not taken the measures and whether the worker has complied with the measures taken
\nthe proportion and the belonging of the defect by examination in a way that does not place any doubt or hesitation,
\nit is understood he has not been identified.
\nThe 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.
\nto examine the subject again as described above by experts, together with all the evidence
\nit’s about evaluating and making decisions based on the outcome.
\nAccording to the admission, the plaintiffs ‘ father, brother and son, M. He.occurred on 19.12.2010
\ndeath as a result of work accident, 20% of the deceased worker was defective in the occurrence of the accident
\nit is understood.
\n47 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
\nthe 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
\nthis money is similar to compensation for the cause of loss to the cause of spiritual peace.
\nthe function has a unique attribute. As there is no penalty, the harm related to mamelek law
\nhe didn’t want it to be met. So, the limit of this compensation is based on his purpose.
\nit has to be determined. The amount to be appreciated is the sense of satisfaction that is desired to be achieved in the present state
\nit 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
\nSpecial case affecting the amount of non-pecuniary compensation to be appreciated in the reason of the decision to merge; and
\nthe circumstances are also clearly illustrated. The judge appreciates this, as these can vary according to each event
\nthe reasons that are effective to him while exercising his right are in a proper manner according to objective measures at the decision place
\nit should show.
\nIn exercising this discretion of the judge, the economic conditions of the country, the social and economic of the parties
\ncharacteristics such as status, purchasing power of money, defect status of parties, weight of event, date of event
\nin addition, the employer’s health and safety measures of the incident should be considered.
\nsatisfaction in accordance with the approach in the law developed by considering that it is caused by not receiving
\nit is clear that moral compensation should be appreciated at the rate that evokes deterrence alongside the sense
\nis in the middle. (HGK 23.06.2004, 13\/291-370)
\nFollowing these principles, the children of the worker who died, plaintiffs D. He., K. A., O. He. and A. He. benefit
\nthe over-appreciation of the moral reparations that have been ruled has been erroneous.
\nThe procedure for the court to decide in writing without taking into consideration these material and legal cases and
\nit’s against the law and it’s a violation.
\nSo the plaintiffs and defendants are C … San. A.P. and E… Ltd. Ltd.appeals of Appeals aimed at these aspects of
\nit must be accepted and the provision broken.
\nConclusion: other appeals based on the reason for overturning the provision for the reasons described above
\nthat 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.
\nhis extradition was decided by unanimous decision on 07.05.2013.<\/p>\n","protected":false},"excerpt":{"rendered":"
T.C. Supreme Court 21. Legal Department Principal No: 2013\/1589 Decision No: 2013\/9138 Decision Date: 07.05.2013 COMPENSATION CASE \u2013 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…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[217,223,220,218,339,530],"yoast_head":"\n