THE ADMINISTRATION IS RESPONSIBLE FOR THE DAMAGE CAUSED TO THE VEHICLE DUE TO THE FACT THAT THE SEWER COVER REMAINS OPEN

The administration is responsible for the damage caused to the vehicle by the trustee because the sewer cover remains open. Because the administration should take precautions against damage to the environment in the field of duty, warn and terminate the service so that the citizen is not harmed.

Supreme Court 17. law office

Base Number: 2018/4210

Decision Number: 2020/4644

“text of jurisprudence”

COURT of First INSTANCE : Court of First Instance

At the end of the trial of the cancellation of the appeal between the parties; the file was examined upon appeal by the deputy of the Izmir Water and Sewerage Administration of the defendant within the period of the decision on partial acceptance of the case for the reasons written in the deci-sion:

-D E C I S I O N-

The deputy plaintiff said that the vehicle with the license plate was insured on behalf of the defendant, as a result of hitting the sewer cover on the excavated pit belonging to the defendant, the insured’s vehicle was damaged, the cost of damage was paid to the insured by his client, the cost of damage was requested from the defendant to pay in advance, but the defendant administration did not pay, and then Izmir 15 against the defendant. He requested and sued for the cancellation of the appeal made by the defendant and the provision of executive denial compensation with a record of not less than 20% of what you will receive for the continuation of the proceedings, with the cancellation of the appeal made by the defendant, that enforcement proceedings were initiated with the file of the Enforcement Directorate No. 2014/13637.
The defendant, the acting head of the Izmir Water and Sewerage Administration, has requested the dismissal of the case.
By the Court, the claim, the defense, in accordance with the collected evidence and the expert report adopted and the decision of the Department to overturn Decision No. 31/05/2017 dated 2016/13716 Esas-2017/6156, Izmir 15 with the adoption of the case. In the 2014/13637 follow-up file of the Enforcement Directorate, the debtor will receive TL 6,651.17 with the cancellation of the defendant’s appeal, and the continuation of the proceedings at the interest rate of TL 502.16, the rejection of the excess claim, the rejection of the request for executive denial compensation because the receivable requires a trial, the provision “Izmir 15. In the 2014/13637 follow-up file of the Enforcement Directorate, the debtor
with the cancellation of the defendant’s appeal, it was decided to continue the proceedings at a principal receivable of TL 6,470.00 and a processed interest of TL 502.16, to reject the request for an excess,” and the decision was appealed by the deputy Head of the Izmir Water and Sewerage Administration.
The file contents to disrupt the appropriate decision, the decision is based gerektirici with the evidence in accordance with the law, for reasons that misses the nonexistence of evidence in the case, according to the defendant to appeal the rejection of the appeal, the deputy of Izmir water and Sewerage Administration in accordance with the law and procedures and the provision of written Appeals approved the following fees dump the remaining ratifications TL 418,44 the defendant, who, on the day 09/07/2020 taken by Izmir water and Sewerage Administration, it was decided unanimously.