T.R.
Supreme
- law office
Base No:2012/13178
Decision No:2013/5634
K. Date:25.3.2013
The case is related to the request for the elimination of material and moral damages of the insured person who was injured in a work accident 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; 2. Due to the fact that the plaintiff insured person died on 20.09.2006 during the trial.in the financial compensation expert report dated 10.02.2012 based on the provision, it is reported by the Institution that the degree of permanent incapacity for work caused by an accident cannot be determined, the legal heirs are continuing the case, the degree of incapacity for work caused by a damaging incident on 01.09.2004 and the report of the board of health containing detailed examination findings cannot be found in the file 2. It is understood that the calculation was made based on 0% due to the fact that the degree of incapacity for work caused by an accident could not be determined.
According to the nature of the case, it is clear that the rate of permanent incapacity for work that occurs in the insured directly affects the advance capital value of the income due to the insured and the amount of compensation. As such, it is clear that the rate of gain and loss in the profession that occurs in the employee should be determined without any doubt and hesitation, since it directly affects the amount of income to be linked to the insured and compensation to be ruled out.
The work to be done is to provide all medical documents, graphs, patient signage papers, health documents related to the treatment of the insured as a result of the accident that occurred on 01 Jul 09.2004 from the insured heirs and the related hospitals by asking the heirs which hospitals are being treated and sending them to the SS Higher Board of Health to determine the degree of permanent incapacity for work according to these documents, if there is a concrete and clear objection to the disability rate determined here, it consists of making a decision according to the result after the reports to be taken from the relevant specialized department of ATK and gradually from the General Assembly of ATK and the final determination of the win-loss ratio in the profession consisting of the insured.
The court’s decision in writing without taking into account these material and legal facts is contrary to the procedure and the law and is the reason for the violation.
In that case, the appeals of the parties aimed at these aspects must be accepted and the provision overturned.
result
It was unanimously decided on 25.03.2013 that the provision would be OVERTURNED for the reasons described above, that there was no place for examining other appeals for the time being, and that the appeal fee would be returned to the appellants on request.
