LOSS CALCULATION METHOD IN DEFINITION OF SUPPORT
The case is about pecuniary and non-pecuniary damages due to bodily damage, and it is understood that the court made a judgment in line with the account expert report, and PMF 1931 life table data was used in the expert report based on the judgment. Actual amount of damage; It consists of the sum of the earnings to be obtained in the active and passive periods based on the balance life of the beneficiaries and the support at the date of the event.
Although the remaining lives of the beneficiaries are determined by the 1931 dated “PMF” charts taken from France in previous years; The “National Mortality Table” called “TRH 2010” has been prepared with the work of the Prime Ministry Undersecretariat of Treasury, Hacettepe University Faculty of Science, Department of Actuarial Sciences, BNB Danışmanlık, Marmara University and Başkent University. The use of close data is essential. In this case, in terms of ensuring unity in compensation calculation between other institutions and Court of Cassation Offices and considering the fact that this table contains up-to-date data specific to our country, our Office has decided that it would be more appropriate to take the TRH 2010 table as a basis in determining the remaining life in compensation accounts, in line with the updated realities of the country. Accordingly, taking into account the vested rights (income based on compensation, minimum wage year, date of the period that will be committed) by determining the probable remaining life expectancy of the plaintiffs’ testator according to the TRH 2010 Life Table, an additional report will be obtained from the expert to calculate the compensation amount. It was necessary to quash the decision in order to be decided according to the law (Court of Appeals 4th Civil Chamber-Decision: 2021/7332).
The case concerns the claim for pecuniary damages due to bodily damage resulting from a traffic accident. In the actuarial expert report dated 10.05.2019, which was taken as a basis for the decision by the Appeals Arbitration Committee; Without determining the probable remaining life period of the plaintiff, who was 20 years old at the date of the accident, according to the TRH 2010 Table, assuming that the plaintiff is likely to live to the age of 99 according to the TRH Table, and based on this age, the “revenue method” will work/unknown circuit calculation has been made and will work. The start and end dates of the active period and the passive period to operate are not clearly written, and in this respect, the report is not suitable for auditing. In this case, the remaining life period of the claimant should be determined, the active and passive period start-end dates and periods should be shown, and an additional report should be obtained from the expert who previously prepared the report, and a decision should be made by taking into account the procedural vested right in favor of the defendant who appealed the verdict, according to the result. It was not considered correct to make a written decision with an examination (Court of Appeals 4th Civil Chamber-Decision:2021/6967).
DURATION OF SUPPORT AND AMOUNT OF COMPENSATION IN DAILY SUPPORT
If some of the deprived of support did not file a lawsuit, it should be decided to pay the same amount of aid they would have received had the support not died. Without allocating the share that should be reserved for the other non-suing parties, it required the plaintiff to reverse the entire grant (the 9th Civil Chamber of the Court of Cassation 1965 / 7018 Decision).
The purpose of the compensation for lack of support is to pay the money, in other words, the care expenses, in return for the help that will ensure the continuation of the social and economic life level of the person who lost his support before death. In the distribution of the income of the support, the existence of other states should be taken into consideration. The person who has lost his support can only ask for the amount of help needed ( 15th Civil Chamber of the Court of Cassation – 1974 / 1207 Decision ).
In order to determine the compensation for deprivation of support, while the income of the support is divided among the supported, regardless of whether they are plaintiffs or not and whether they have filed their lawsuits, the shares of each of them should be determined separately, the shares reserved for those who have not filed a lawsuit or whose lawsuits have been left to application should be excluded, and only the shares of those who have filed the lawsuit should be judged. (9th Civil Chamber of the Supreme Court – 1969 / 3816 Decision)
The fact that the person who has the right to receive a share of the deceased’s income has not filed a lawsuit does not result in the distribution of his share to others (9th Civil Chamber of the Supreme Court – 1980 / 11824 Decision).
It is against the law to keep the rightful mother’s share of support fixed by not increasing it for the period after the entitled father leaves the support, and the decision should be overturned for this reason (Court of Appeals 10th Civil Chamber – 1997 / 4409 Decision).
The support share of the other beneficiary mother, who continued to receive support for the period when the father of the beneficiaries left the support, should be increased. Because the father has ceased to receive support (Supreme Court
(The 10th Civil Chamber of the Supreme Court – 1997 / 4409 Decision).
The support share of the other beneficiary mother, who continued to receive support for the period when the father of the beneficiaries left the support, should be increased. Because the father has ceased to receive support (Court of Appeals 10th Civil Chamber – 1995 / 10932 Decision).
The share that the support can allocate during the period of being single and after marriage and after having a child should be different (Supreme Court 17th Civil Chamber – 2011 / 5358 Decision).
In calculating the compensation for deprivation of support, the share of the support for the mother will have different results when she is single, and different after marriage. In other words, if he had lived insured, he would have been able to help his mother more until the date of marriage and less after marriage. The calculation should be made according to this fact (the 10th Civil Chamber of the Supreme Court – 1997 / 627 Decision).
DETERMINATION OF FEES IN CALCULATION OF DAILY SUPPORT COMPENSATION
It is a condition that the real wage should be taken as basis in the calculation of the compensation (21st Civil Chamber of the Court of Cassation – 2000 / 5128 Decision).
While it is necessary to investigate and determine whether the deceased worked in another job on the date of the incident, if he is working, what he did and what his earnings, if any, are suitable for audit, if the wage is not determined, the minimum wage should be calculated and a decision should be made according to the result, but in this respect, a written judgment based on incomplete examination should be established. (Court of Appeals 11th Civil Chamber – 2009 / 7307 Decision).
Case BK. art. According to the settled case-law of the Court of Cassation, the income status of the support at the date of death must be proven by the claimant. If this is not proven, it is accepted that the minimum wage will be taken as a basis in the calculation of the financial support compensation (11th Civil Chamber of the Court of Cassation – 2003 / 5599 Decision)
You can access our other article examples and petition examples by clicking