Decision of the Constitutional Court Concerning All Drivers

The Constitutional Court has passed a decision that indirectly concerns all citizens who own vehicles. Supreme Court, due to a pothole in the road not being entitled to compensation for a driver who had an accident and his family”the right to the protection of one’s material and spiritual existence“. Let’s look at the details of this incident together.

Everything started with a traffic accident on 30 June 2015. A driver entered a pit that was 140 centimeters long, 80 centimeters wide and 10 centimeters deep. somersaulted. During the accident, both the driver and a child in the vehicle were injured. The citizen, who tried to seek his right, could not reach the desired result even though he submitted the accident report. In that record, “around the pit no warning signAnkara Metropolitan Municipality was responsible for the incident due to the fact that the accident occurred for this reason and that it did not put a warning sign at the accident site. is primarily at faultHowever, the Bala Chief Public Prosecutor’s Office decided that there was no room for prosecution.

Court of Appeal denied compensation claim

The victims, who were not satisfied with the decision, applied to the court for material and moral compensation. In the examinations made by the administrative court, the claim for pecuniary damage was rejected and the child was given 7,500 TL for non-pecuniary damage. The casualty, who took the decision to appeal, faced a different outcome this time. appellate court, without inspection He overturned the decision by determining that it was on the road, that there were 9 people in the vehicle that could carry 5 people, and that there was no seat belt for children. This time, the casualty, who made his way to the Constitutional Court, there is a service defect and in this case, he claimed that his right was violated. The Constitutional Court decided that the injured citizen was right.

As a result of the examinations made by the Constitutional Court, the Constitution Article 17 in the first paragraph “the right to the protection of one’s material and spiritual existenceIt was decided that “Positive obligations of public authorities they did not fulfill conclusion has been reached.‘ were included.