In 2005, the person driving his vehicle in the rainy weather in Pendik, Istanbul, crashed into the barriers due to a puddle on the roadside.
According to the accident report, the General Directorate of Highways, which is responsible for the maintenance and repair of the road, was found to be at fault by 75 percent and the driver by 25 percent.
Thereupon, the applicants filed a lawsuit for pecuniary and non-pecuniary damages. In the forensic medicine report obtained within the scope of the case, it was determined that 23 percent of the driver and 32 percent of the passenger next to him lost physical strength as a result of the accident.
The driver and the passenger in the vehicle filed a lawsuit for material and moral damages on the grounds that the road was not maintained. The court decided to pay pecuniary damages to those in the vehicle, but to reject the claim for moral compensation.
Application to the Constitutional Court
The victims made individual applications to the Constitutional Court. The Constitutional Court said, “It is clear that the driver and passenger lost their physical strength in the incident, both of them were morally worn out.”
The high court decided to send the file to the relevant administrative court for a retrial in order to eliminate the consequences of the violation.