-SAMPLE PETITION-
TO THE ANKARA ON-DUTY CIVIL COURT OF FIRST INSTANCE
File No.:2021/…
DEFENDANT :C…..E….. (T.C.:……………)
Address
Attorney :
Address
PLAINTIFF :A… B… (T.C.:…………….)
Address
SUBJECT OF THE REQUEST: It is about the presentation of our answers to the case substituted by the plaintiff and our request for the dismissal of the case.
Descriptions
Client C….. E…. the number plate 06 … which belongs to him …. Modelling …. October 2011) With the brand vehicle (a copy of the license is presented in the annex to the petition October-1)../../…. While moving towards Ostim from the direction of Batıkent in its history, the property of the deceased E….. B…..the one that belongs to, Plate number 06 …… By car ……………………. He was involved in a traffic accident at the junction.
The client has dispatched his vehicle in accordance with the speed limit rules of the location. Contrary to the claims of the plaintiff, instead of waiting for those who turned left at the intersection while the green light was on, the deceased suddenly stepped out into the right lane without checking his right and caused the vehicle under the direction and management of the client to hit his own vehicle. With the collision that took place in this way, the deceased’s vehicle also hit the vehicle in front and thus a chain traffic accident occurred. The deceased is stuck in the vehicle; he was removed from the vehicle by paramedics who arrived at the scene and was transported to the hospital by ambulance. Despite all the interventions made in the hospital, E… B… could not be saved.
The accident occurred as a result of the defective behavior of the deceased, despite all the attention of the client, who was driving his vehicle in accordance with all the rules, and because he suddenly jumped on the road. The subject of the lawsuit is the party who is the principal defective deceased in the accident.
The scene with the police traffic accident report (Annex-2) if there has been any record that is being issued in accordance with the defect report (tramer) according to client 06 plate is determined as defective … complete and original car. Although the client has no fault in this accident, this determination made makes the situation in which the client is in even more difficult.
This accident detection report, which is contrary to the truth, the law and the procedure, has been challenged by us and the case of the Ankara … Criminal Court of Peace with the file numbered 2021 / … Esas (October-3) is still ongoing. In addition, the public case filed against the client with the file numbered Ankara Criminal Court of First Instance 2021 / … main (October-4) is also continuing the trial. With the conclusion of the cases in question, the distance of the minutes from the legal basis and the rightness of our claims will be revealed, and it will be fixed that the client is innocent.
Despite the innocence of the client, the material and moral compensation claims requested by the plaintiff are exorbitant. This situation will also be fixed by expert examination during the trial. The amount of financial compensation demanded by the plaintiff goes beyond the losses he has suffered, almost turning into the purpose of obtaining a profit. For this reason, we object to the claimant’s claim for financial compensation.
In the same way, moral compensation cannot be a reason for enrichment for the person ruled in his favor, nor should it be a punishment for the person ruled against. However, the amount requested by the plaintiff is a penalty that is being tried to be imposed on the client rather than the purpose of relieving pain and sadness. For this reason, we demand the rejection of the plaintiff’s claims for moral compensation, which lack a legal basis and are exorbitant.
LEGAL REASONS: KTK No. 6047, HMK, Law on Advocacy and other relevant legislation
PROOFS : Photocopy of the license of the vehicle, …/…/Dated 2021 ….. Traffic Accident Detection Report with Accident Sequence Number, Ankara … Criminal Court of Peace 2021 / … Main numbered file, Ankara … Criminal Court of First Instance 2021 / … main numbered file, Expert, Discovery, Witness and other all delail
CONCLUSION AND DEMAND: For all the reasons explained above; without prejudice to our rights of demand for excess;
1-REJECTION of all unfair and groundless claims and demands of the plaintiff,
2-We request by proxy that the decision be made to leave the trial expenses and the power of attorney fee to the plaintiff. 03.12.2021
DEFENDANT C… D… DEPUTY
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