T.C.
SUPREME
- law office
Base No:2013/16531
Decision No:2013/15062
K. Date:5.11.2013
The plaintiff’s attorney, the defendant is insured with a liability insurance policy to the client company belonging to the tool as a result of accident involving the vehicle to the plaintiff even damaged vehicle that has liability insurance, automobile insurance liability insurance policy from your insurance policy, you will get paid for the amount of the damaged vehicle that is saved from the defendant, the driver of the vehicle belonging to the cause of the accident due to a drunk that was born of the right of recourse will operate from the date of advance payment of compensation 21.261 TL noting with interest from the defendant required the collection.
4 of the TCC numbered 6102 by the Court. and 5.accordingly, it was decided to dismiss the case due to lack of case requirement due to lack of duty on the grounds that the dispute in question was not a commercial case; the provision was appealed by the deputy plaintiff.
The case is a case of cancellation of an appeal against the request for a prompt collection of compensation paid by the traffic insurer to those who have suffered damage.
Article 4 of the Turkish Commercial Code article 5 of the same law, in which civil “cases” arising from this law are considered commercial cases. article 2. in paragraph 4 of this law, if there is a commercial court somewhere, it is in the duty of the court of first instance. the provisions of the article stipulate that “cases” that are considered commercial in accordance with the provisions of the article will be considered in the commercial court.
Article 3 of the Turkish Commercial Code in its article, “All transactions and acts related to a commercial enterprise with the issues regulated by this Law are from commercial affairs.” it has been arranged.
“Compulsory liability insurance” is regulated in Articles 1483 and its continuation of the Turkish Commercial Code.
In order for a legal transaction or act to be accepted to remain within the scope of the Turkish Commercial Code, there must be a legal transaction or act related to a commercial enterprise with the issues regulated in this law, defined above, within the purpose of the law.
In the event subject to litigation, the claim is related to the request for prompt collection of compensation paid by the plaintiff’s traffic insurer to those who have been harmed by a traffic accident, the case is referred to in article 1483 of the Turkish Commercial Code. It is understood that this is one of the issues mentioned in the articles. In this case, considering that the dispute falls under the jurisdiction of the Commercial Court of First Instance, the collection of evidence of the parties by entering into the merits of the case should be decided according to the result of evaluating the claims and defenses, while it was not considered correct to decide to dismiss the case due to lack of duty as written.
result
For the reasons described above, it was unanimously decided on 05.11.2013 that the decision would be OVERTURNED by accepting the appeals of the plaintiff’s deputy, and that the fee received in advance would be returned to the plaintiff who appealed if requested.
