T.C. SUPREME COURT 21. Law Department Article No:2013/1589
Decision No :2013/9138
Date of Decision : 07.05.2013
COMPENSATION CASE – THE RELATIVES OF THE WORKER WHO DIED AS A RESULT OF AN OCCUPATIONAL ACCIDENT
CLAIM FOR NON-PECUNIARY DAMAGES – COMPENSATION
THAT ITS BOUNDARY WILL BE DETERMINED BY ITS PURPOSE – SPIRITUAL
THE ERROR OF OVER-APPRECIATION OF COMPENSATION – THE PROVISION
IT BREAKS DOWN
ABSTRACT: The lawsuit seeks to remedy the moral damages of the relatives of the worker who died as a result of an occupational accident
related. Taking into account the special circumstances of the judge, the decision to award the rightful owner with the name of non-pecuniary damage
an amount of money that he will give must be in accordance with justice. This money will be judged by the one who has suffered moral damage
it has an original quality that has a function similar to compensation that will give birth to peace of mind. One
as there is no punishment, mamelek has not aimed to cover the damage related to the law. In that case,
the limit of this compensation should be determined according to its purpose. The amount to be appreciated is obtained in the current state
it should be as much as necessary to achieve the effect of the desired feeling of satisfaction. Each of these
since it may vary depending on the incident, the judge uses his discretion in this regard, as well as the reasons that affect him
the decision must be made accurately according to objective measurements on the spot.
(4857 P. K. m. 77) (818 P. K. m. 47) (YIBK 22.06.1966 T. 1966/7 e. 1966/7 K.) (YHGK 23.06.2004 T.
2004/13-291 E. 2004/370 K.)
Lawsuit: Plaintiffs claim that the material and moral compensation arising from the death of someone as a result of an occupational accident
he asked that it be decided that he would be paid.
The court has decided on the partial acceptance of the request, as indicated in its decision.
Your decision is between the plaintiffs and the defendants C… A.Sh. and E… Tic. Ltd. Şti. appeal by his deputies,
C… A.Sh. if the appeal is appealed by the deputy on a trial basis, the appeal request is in due course
after understanding and reading the papers in the file with the report prepared by the Examining Judge K G A and
the case relating to the decision subject to appeal is Article 438 of the Code of Civil Procedure. in the article, numbered, and
since it does not comply with any of the cases shown in the limited, the Supreme Court review must be heard
after the decision was made to reject the request for its execution, the need for the work was considered and the following decision was made
identified:
Decision: The lawsuit seeks to remedy the moral damages of the relatives of the worker who died as a result of an occupational accident
related.
The court considers that the plaintiff is the defendant A… A.Sh. the refusal of the case against him due to the refusal of the plaintiff
the defendants are C… A.Sh. and E… Ltd. Şti. with the partial acceptance of the case filed against him, Muris M. He.daughter of D. He.
for £ 50,000.00, daughter K. A. for £ 50,000.00, son O. He. for £ 50,000.00, son A. He. for 50.000,00
TL, his mother is F. He. for £ 15,000.00, his brother H. D. for £ 7,000.00, his brother R. He. for £7,000.00,
the legal interest of moral compensation from 19.12.2010, which is the date of the accident, together with the mentioned
a request for an excess to be received jointly and severally from the defendants and given to the said plaintiffs
he has decided to refuse.
77 of the Labor Code. article Examination of the relevant articles of the Occupational Health and Safety Regulation
according to the nature of the workplace, the measures that should be applied dec the workplace
what is happening, what are the necessary measures that the employer should take at work, what measures he takes, which
issues such as whether the worker has taken the precautions, whether the worker has complied with the precautions taken in a detailed form
by examining the belonging and proportion of the defect in a way that there is no doubt and hesitation,
it is understood that it is not detected.
The work to be done has been submitted to the expert panel of 3 experts specializing in occupational health and safety issues
by asking the experts to re-examine the matter in the manner described above, all the evidence together
it consists in evaluating and making a decision based on the result.
According to the acceptance, M, who is the father, brother and son of the plaintiffs. He.which occurred on 19.12.2010
that he died as a result of an accident at work, that the worker who died at the time of the accident was 20% defective
it is understood.
47 of the Code of Obligations. according to the provision of the article, moral damage is caused by taking into account the special circumstances of the judge
an amount of money that he will decide to give to the rightful owner by name must correspond to justice. It Will Be Judged
this money is similar to compensation that will ensure the birth of spiritual peace in the one who has suffered a loss
it has an original nature, the function of which is. As there is no penalty, the damage related to the mamelek law
it is also not intended to be met. Then, the limit of this compensation is according to its purpose
it should be determined. The amount to be appreciated is the amount of satisfaction that is desired to be obtained in the current state
it should be as much as necessary to achieve the effect. Case Law of the Supreme Court dated 22.06.1966 and numbered 7/7
A special situation that will affect the amount of non-pecuniary compensation that will be assessed on the grounds of the Decision to Merge, and
the conditions are also clearly shown. Judges appreciate this issue because these may vary according to each event
the reasons that are effective to him when exercising his right are also in a form that is accurate according to objective measures at the place of the decision
it should show.
In exercising this right of discretion of the judge, the economic conditions of the country, the social and economic
their status, purchasing power of money, characteristics such as the defect status of the parties, the weight of the event, the date of the event
in addition, the employer’s occupational health and safety measures are adequately taken into account
in accordance with the approach in law, which has developed taking into account that it is caused by the fact that it does not receive satisfaction
in addition, it is clear that moral compensation should be appreciated at the rate that induces deterrence
in the middle. (HGK 23.06.2004, 13/291-370)
When these principles are observed, the children of the deceased worker, plaintiffs D. He., K. A., O. He. and A. He. benefit
the over-appreciation of the moral indemnities ruled upon has been erroneous.
The court shall decide on these material and legal facts in writing without taking into account the procedure and
it is against the law and is the reason for breaking it.
Then the plaintiffs and the defendants are C… San. A.Sh. and E… Ltd. Şti.appeals of appeals aimed at these aspects of
it must be accepted and the provision must be overturned.
Conclusion: Other appeals based on the VIOLATION of the provision for the reasons described above, the reason for the violation
that there is no place for the examination of their objections for the time being, the appeal fee is provided to the appellants upon request
his extradition was decided unanimously on 07.05.2013.
