T.C.
Supreme
- law office
Main Number: 2012/13178
Decision No: 2013/5634
K. Date:25.3.2013
The case is related to the request for compensation of material and moral damages of the insured, who suffered an accident at work on 14.10.2003 and 01.09.2004.
The court has decided to partially accept the case.
From the records and documents in the file; due to the death of the plaintiff insured on 20.09.2006 during the trial, 2.in the financial compensation expert report dated 10.02.2012, based on the ruling, the Institution was informed that the degree of permanent incapacity for work caused by an accident could not be determined, the legal heirs continued the case, the degree of incapacity for work caused by the damaging incident on 01.09.2004 could not be determined because their land and the medical board report containing detailed examination findings could not be found in the file, 2. It has been understood that the calculation was made on the basis of 0% due to the inability to determine the degree of incapacity for work caused by an accident.
According to the nature of the case, it is clear that the permanent incapacity rate of the insured directly affects the amount of compensation with the advance capital value of the income attributed to the insured. In this case, it is clear that the rate of loss of earning power in the profession of the worker should be determined without any doubt and hesitation, since it directly affects the amount of income to be attributed to the insured and the compensation to be awarded.
Work to be done, for the treatment of the insured as a result of the accident which happened on 01.09.2004 all medical documents, radiographs of the patient sign the papers, medical papers, and to the heirs of the heirs of the insured which can be treated in hospitals by the questions that are procured from the respective hospitals-continuous for the determination of the degree of incapacity Health Assembly according to the documents send to SS High, buraca first determined the rate of disability in the case of the concrete and a clear appeal ATK ATK and increasingly relevant specialized agency of the General Assembly to be removed from the reports insured by the precise rate of loss of earning power in the profession according to the result of identification consists of deciding.
The decision of the court in writing without taking into account these material and legal facts is contrary to the procedure and the law and is the reason for violation.
In that case, the parties’ appeals aimed at these aspects should be accepted and the judgment should be overturned.
result
It was unanimously decided on 25.03.2013 to OVERTURN the judgment for the reasons described above, that there is no place for examining other appeals for now, and that the appeal fee will be returned to the appellants upon request.
