COURT OF FIRST INSTANCE
(Injunction requested)
Plaintiff : 1-
Acting : Av
Defendants : 1-
2-
3-
Lawsuit : 1) For the plaintiff who was injured in a traffic accident and lost physical strength, without prejudice to the rights related to the excess, the amount of financial compensation to be determined in accordance with the provision of …………. article, together with the interest to be accrued from the date of the incident for the operator and the driver and from the date of default for the insurer (not exceeding the insurance limit), judicial expenses and attorney’s fees, and to decide to impose a “precautionary injunction” on the movable and immovable property of the operator and its rights and receivables in third parties and banks.
2) Depending on the scope of damage to be determined according to the rate of loss of physical strength and degrees of responsibility as a result of the trial, our request for non-pecuniary damages from the operator will be explained later or a related lawsuit will be filed.
The value based on the fee : ……….
Explanations
1-In the traffic accident that occurred on the day of …….., the driver ……….. of the lorry with the number plate ……….., …….. Street within the borders of the district of ……… and made a left turn, he hit a motorcycle with ………. plate travelling in the direction of ……… Street from ……… Street, causing injury to the driver ……….. and loss of physical strength. (The accident report is attached.)
2-…….. In the Expert Report given to the file no. ……… of the Criminal Court of Peace, it has been evaluated that the defendant ………., the driver of the ………-plate pickup truck, is the primary defect, and the plaintiff ………, the driver of the ……….-plate motorcycle, is the secondary defect, and the defect rates will have to be determined by the expert or experts to be assigned by the court. (The expert report given in the criminal file is attached.)
3-………. According to the report of ……….. day ……… of the State Hospital Health Board, the rate of loss of physical strength of ……….. was determined as 20%, and if this report is deemed insufficient by the court, a new report will be obtained from the authorised health boards.(The report is attached.)
4- The plaintiff …….. is born ……… and was (30) years old on the date of the accident. At the time of the accident, he was working as a “security guard” at ……… Branch of ……. Bank ……. and was earning a salary well above the minimum wage. He also had four salary bonuses per year.
(Identity information, security guard certificate, last payroll)
According to the established decisions of the Court of Cassation, even if the plaintiff continued to work and earned the same earnings, it is accepted that he has the right to request compensation under the name of “loss of strength compensation” due to his disability.
5-According to the remaining life expectancy of the plaintiff, the rate of loss of physical strength, the primary fault of the defendant driver and the evidence to be collected during the trial, without prejudice to the rights related to the excess, after determining the amount of pecuniary compensation according to Article 107 of the Law No. 6100, it was requested to make a judgement by paying the advance fee.
6-The ……. plate vehicle belonging to the defendant party is insured by the defendant R….. with the policy numbered ………… valid between …….. and …….. Insurance Company with the policy numbered ………. valid between ………. and ………., and since the ……… TL paid on ……….. was insufficient, the balance damage was requested in accordance with the article ………..
Legal Grounds :
Evidence : Criminal Court file, accident reports, traffic records, defect report, population record, disability report, earning documents, insurance company file, witness, expert examination, etc. all kinds of evidence.
Conclusion and request : For the reasons presented:
1) Without prejudice to the rights related to the excess, to collect the amount of financial compensation to be determined in accordance with the provision of article ……….. from the date of the incident in respect of the operator and the driver, and from the date of default with the cancellation of the release pursuant to article ………… in respect of the insurer (not exceeding the insurance limit), together with the interest to be operated from the default date, trial expenses and attorney’s fees, jointly and in accordance with the rules of successive liability,
2) I request that a preliminary injunction be imposed on the movable and immovable properties of the defendant operator and its rights and receivables from third parties and banks.
I submit my request. Sincerely yours,
Plaintiff’s Counsel
Lawyer. ………..
Attached documents:
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