TO ANKARA ( ) CIVIL COURT OF FIRST INSTANCE
File No: 2021/…
DEFENDANT: C…..D….. (T.C.:……………)
ADDRESS
ATTORNEY:
ADDRESS
Plaintiff :A… B… (T.C.:…………….)
ADDRESS
SUBJECT OF THE REQUEST: It is about the presentation of our responses to the lawsuit filed by the plaintiff and our request for the dismissal of the lawsuit.
DESCRIPTIONS
Client C….. D…. owned by him 06 … Plate numbered …. Model …. Brand vehicle (copy of license is attached to the petition Annex-1) and ../../…. While moving towards Ostim from Batıkent direction in its history, the property of A….. B….., 06 … Plate numbered …. By vehicle ……………………. He was involved in a traffic accident at the intersection.
The client has shipped his vehicle in accordance with the speed limit rules of the location. Contrary to the claims of the plaintiff, the plaintiff suddenly left the right lane without checking his right, instead of waiting for those who turned left at the intersection while the green light was on, causing the vehicle under the management of the client to crash into his own vehicle. With the collision that took place in this way, the plaintiff’s vehicle also collided with the vehicle in front, resulting in a chain traffic accident. The plaintiff was trapped inside the vehicle and his right leg was broken.
Even though a Traffic Accident Detection Report (Appendix-2) was kept with the police teams who came to the scene; According to the defect report (tramer) prepared in line with this report, the vehicle with license plate 06 … belonging to the client has been determined as full and fundamental fault.
We objected to this accident report, which is against the truth, law and procedure; The case of Ankara … Criminal Judgeship of Peace with the file numbered 2021/… (Annex-3) is still ongoing. On the other hand, the trial continues in the public lawsuit filed against the client with the file numbered 2021/… at Ankara Criminal Court of First Instance (Annex-4). With the conclusion of the aforementioned cases, the distance of the minutes from the legal basis and the justification of our claims will be revealed, and it will be proven that the client is innocent.
Despite the fact that the client has no fault in this accident, the erroneous determination makes the situation of the client even more difficult. The client tried to find out his health status by constantly calling the plaintiff side; He gave all the support he could. However, each time he encountered the bad attitude of the plaintiff; subjected to their endless demands. It is certain that the sole purpose of the other party is to gain an unfair advantage over the client. The other side used the situation with the messages he sent to his client and tried to fulfill his demands with a threat. Images of these messages are attached to this petition. (ANNEX-5)
Despite the client’s innocence, the claims for material and moral compensation demanded by the plaintiff are exorbitant amounts. This situation will also be fixed by the expert examination during the trial. The amount of pecuniary compensation demanded by the plaintiff goes beyond the damages suffered, and almost turns into a profit-making purpose. For this reason, we object to the claimant’s claim for pecuniary damages.
Likewise, non-pecuniary damage should not be a reason for enrichment for the person who was judged in favor of it, nor should it be a punishment for the person who was judged against it. However, a penalty that is tried to be imposed on the client rather than eliminating the amount of pain and sorrow demanded by the plaintiff is an income that is tried to be obtained from the client. For this reason, we demand the rejection of the claimant’s claims for moral compensation that are devoid of legal basis and exorbitant.
LEGAL REASONS: KTK No. 6047, HMK, Attorneyship Law and other relevant legislation
EVIDENCE: Photocopy of the vehicle’s license, Traffic Accident Detection Report with the Accident Sequence No. ….. dated …/…/2021, Ankara … Criminal Court of Peace file no 2021/…, Ankara … Criminal Court of First Instance file no 2021/…, Message images, Expert, Discovery, Witness and all other evidence
RESULT AND DEMAND: For all the reasons explained above; without prejudice to our rights to demand surplus;
1- DISCLAIMER of all unjust and unfounded claims and demands of the plaintiff,
2- By proxy, we request that it be decided to leave the litigation expenses and attorney’s fees to the plaintiff. 13.12.2021
ATTORNEY C… D… ATTORNEY
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