The administration is responsible for the damage to the vehicle as a result of the sewer cover being left open. Because the administration should take precautions against the damages that may occur in the environment in its field of duty, give a warning and terminate the service in a way that the citizens are not harmed.
17th Civil Chamber of the Supreme Court
Principal Number: 2018/4210
Decision Number: 2020/4644
“Justice Text”
COURT: Civil Court of First Instance
At the end of the proceedings of the action for the annulment of the objection between the parties; Due to the reasons written in the decision, the file was examined upon appeal by the defendant’s representative of the Izmir Water and Sewerage Administration within the period of the judgment regarding the partial acceptance of the case, and it was considered necessary:
-DECISION-
The attorney of the plaintiff stated that the vehicle with the license plate was insured in the name of …, the vehicle of the insured was damaged as a result of hitting the sewer cover on the dug hole belonging to the defendant, the damage cost was paid to the insured by his client, the defendant requested the payment of the damage recourse, but the defendant administration did not make the payment, and then Izmir 15. With the file numbered 2014/13637 of the Enforcement Directorate, enforcement proceedings were initiated, the defendant objected to the proceedings, the objection made by the defendant was cancelled, and the proceeding continued, demanding and suing for execution denial compensation provided that it was not less than 20% of the receivable.
The attorney of the defendant İzmir Water and Sewerage Administration requested the dismissal of the case.
The court accepted the claim, the defense, the evidence collected, the expert report adopted and the Chamber’s decision of reversal dated 31/05/2017 and numbered 2016/13716 Main-2017/6156 Decision, and with the acceptance of the case, the debtor’s defendant in the follow-up file of the İzmir 15th Enforcement Directorate with the file numbered 2014/13637. With the cancellation of the objection, the continuation of the follow-up on the principal receivable of 6,651.17 TL and the accrued interest of 502.16 TL, the rejection of the request for the surplus, the rejection of the demand for execution denial since the receivable requires judgment, the sentence “The debtor in the file of the follow-up no. 2014/13637 of the Izmir 15th Enforcement Directorate
With the annulment of the defendant’s objection, the continuation of the proceedings over 6.470.00 TL of principal receivable and 502.16 TL of accrued interest, the rejection of the request for the surplus”; The verdict was appealed by the attorney of the defendant İzmir Water and Sewerage Administration.
According to the content of the file, whether a decision was made in accordance with the annulment, the evidence on which the decision is based and the legally required reasons, and there is no inaccuracy in the discretion of the evidence; On 09/07/2020, it was unanimously decided to reject the appeal objections of the defendant İzmir Water and Sewerage Administration Deputy’s objections and to APPROVE the verdict found 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 defendant İzmir Water and Sewerage Administration Presidency.
