The Administration’s Fault in Closing Potholes on the Road Supreme Court Decision

Council of State 15. Head Of Department

Main Number : 2013/10673

Decision No : 2017/40

Request Summary :by the plaintiff, automobile insurance insurance policy insured by DR 34 3239 license plate 27.08.2008 on in the province of Çanakkale, Ezine County, the village of Deer, the woodshed Pier-formed as a result of an accident on the road between Deer 30.083, $ 25 Damage; Repair and maintenance of the administration who don’t do the potholes in the road is flawed, which is not due to the repair of defective administration by claiming that the losses should be compensated by a hole 22.10.2008 to be paid together with interest from the date of the lawsuit with legal process as a result of a decision prompt, Çanakkale by the Administrative Court; 23/03/2011 dated report of the Forensic Medicine Institute in the road, potholes repairs and maintenance due to failure by the administration of the occurrence of the accident to the defendant the defendant in the administration of 25% of defective, 37.000 TL total damage is also stated that the defendant defect rate determined in consideration of the administration, in addition 9,250,00 TL together with interest from the date the legal process to sue for damages, the defendant has to be compensated by the administration of two or more a denial of the request for financial compensation in the way by my decision, it is claimed that the defendant administration is not in compliance with the law and it is requested to be reviewed and overturned on appeal.

Summary of the Defense : The defense is not given.

Opinion: It is thought that the appeal request should be rejected.

ON BEHALF OF THE TURKISH NATION

The Fifteenth Chamber of the Council of State, which made the decision, listened to the explanations of the examination judge, examined the documents in the file and discussed as necessary:

Article 49 of the Administrative Trial Procedure Law No. 2577 entitled “Overturning the Decision”. 2 of the article. in the paragraph; As a result of the appeal review, the Council of State; a) The fact that a job has been looked at outside the duties and authority, b) Illegal decision, c) Errors or deficiencies that may affect the decision in the implementation of procedural provisions, the rule that the examined decision will be overturned due to the reasons is given.
From the examination of the documents in the file and the claims in the appeal petition, it has been concluded that the decision subject to the appeal request is in accordance with the law and procedure, and there is no legal reason to overturn the decision.

For the reasons explained; the rejection of the appeal request was rejected by the Çanakkale Administrative Court on 12/05/2011 and E:2009/473 , K:2011/396 the APPROVAL of the decision No. 8 and the sending of the file to the Court, the Provisional 2577 day of the Law No. 18.06.2014 and the Law No. 6545 were added. article 1. and paragraph 54. article 1. in accordance with the paragraph, the decision was unanimously decided on 09/01/2017, with the way of correcting the decision being open within fifteen days from the day following the date of notification of this decision.

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