TO ANKARA CIVIL COURT OF FIRST INSTANCE ON DUTY
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 the deceased E….. B….., 06 … Plate number …. 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, while the deceased was green light, instead of waiting for those who turned left at the intersection, he suddenly left the right lane without checking his right, causing the vehicle under the control of the client to crash into his own vehicle. With the collision that took place in this way, the vehicle of the deceased also collided with the vehicle in front, and thus a chain traffic accident occurred. The deceased was stuck in the vehicle; He was taken out of the vehicle by the paramedics who came to the scene of the incident and was transferred to the hospital by ambulance. Despite all the interventions in the hospital, E… B… could not be saved.
The accident occurred as a result of the decedent’s faulty behavior and suddenly jumped onto the road despite all the attention of the client, who was driving his vehicle in accordance with all the rules. The deceased is the party who is at fault in the accident that is the subject of the lawsuit.
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. Despite the fact that the client has no fault in this accident, this determination makes the situation of the client even more difficult.
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 client’s innocence, the claims for material and moral compensation demanded by the plaintiff are exorbitant. 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, the amount demanded by the plaintiff is in the nature of a punishment that is tried to be imposed on the client rather than the aim of eliminating the pain and sadness. 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 :
EVIDENCE: Photocopy of the vehicle’s license, Traffic Accident Detection Minute with the Accident Sequence No. ….. dated …/…/2021, Ankara … Criminal Court of Peace file no 2021/…, Ankara … Criminal Court of First Instance file no 2021/…, Expert, Discovery , witness and all other delail
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. 03.12.2021
ATTORNEY C… D… ATTORNEY
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