T.R. SUPREME COURT
- Law Office
Basis: 2016/5641
Decision: 2016/7179
Decision Date: 13.06.2016
ACTION FOR DAMAGES – THE COURT SHOULD IMPLEMENT THE INTEREST FROM THE DATE OF THE CASE FOR ONLY THE PART OF THE AMOUNT INCREASED – APPROVED BY CORRECTION OF THE JUDGMENT
SUMMARY: In the concrete case, no interest was demanded regarding the pecuniary damages of … TL in the lawsuit petition; Legal interest has been awarded as of the date of the lawsuit for the whole of … TL, which was decided by the court. It is not correct to decide more than the demand in violation of the HMK article. In this case; While the court should award interest as of the date of the lawsuit for only … TL for which the value has been increased, it is not correct to award interest as of the date of the lawsuit for the whole of … TL, which is the first amount that is not demanded and which is the first amount sued, although it is not correct; Since the rectification of this error was not considered to require the repetition of the trial, the judgment had to be corrected and upheld in accordance with the article of the HUMK.
(6100 S. K. Art. 26)
Litigation: At the end of the proceedings of the compensation case between the parties; Due to the reasons written in the decision, the file was examined upon the appeal by the attorney of the defendants within the period of the verdict on the acceptance of the case, and the necessity was considered:
Plaintiff’s attorney, showing the actual value of the expense as 1,000 TL, declared that the vehicle belonging to his client was damaged as a result of the vehicle being the owner and driver of the defendants with a faulty defect, and demanded the collection of the depreciation, without prejudice to his rights regarding the surplus, and submitted his request with a petition of improvement of 3,010,00 TL. and asked the defendants to collect the corrected portion with the legal interest accruing from the date of the lawsuit.
According to the evidence collected and the expert report adopted by the court, with the acceptance of the case; It has been decided that the pecuniary compensation of 3,010,00 TL, together with the legal interest to be accrued from the date of the lawsuit, will be collected jointly and severally from the defendants and paid to the plaintiff; The verdict was appealed by the defendants’ attorney.
1- According to the information and documents in the file, and the fact that there is no irregularity in the discussion and evaluation of the evidence based on the justification of the court decision, especially in taking the calculation of the pecuniary compensation specified in the expert expert report, which is prepared in accordance with the occurrence, as a basis for the decision, it was necessary to reject the other objections of the defendants’ attorney that are not found on the spot.
2-The lawsuit is about the claim for financial compensation arising from a traffic accident.
In the concrete case, no interest was demanded regarding the pecuniary damages of 1,000 TL in the lawsuit petition; As of the date of the lawsuit, legal interest has been awarded for the entire amount of 3,010,00 TL decided by the court. It is not correct to decide more than the request, contrary to Article 26 of the Code of Civil Procedure numbered 6100. In this case; While the court should award interest as of the date of the lawsuit for only the 2,010 TL whose value was increased, it is not correct to award interest from the date of the lawsuit for the whole of 3,010,00 TL, including the first amount of 1,000,00 TL, which is not demanded in written form and which is the first amount sued. though the reason is; Since rectification of this error was not considered to require repetition of the trial, the provision had to be corrected and upheld in accordance with Article 438/7 of HUMK no.
Conclusion: For the reasons explained in paragraph (1) above, the other appeals of the defendants’ attorney are rejected; For the reasons explained in sub-paragraph (2), the objections of the counsel of the defendants are accepted and the first subparagraph of the judgment paragraph states that “With the acceptance of the case; It was unanimously resolved on 13.06.2016 that the judgment be CORRECTED and APPROVED, with the amendment of 3.010 TL of the pecuniary damages of 3,010,00 TL, together with the legal interest to be accrued from the date of the lawsuit, to be collected jointly and severally from the defendants and to the plaintiff.
