Elanur Türkmen, who lived in Bağcılar, Istanbul and was 10 years old at the time, was playing in front of her house on July 3, 2016, when the key she was holding fell into the electricity distribution box mounted next to the building. Elanur Türkmen was seriously injured in the explosion that occurred as a result of the key falling.
Elanur Türkmen, who suffered serious burns on her face, arms and various parts of her body due to the accident, underwent a total of 10 surgeries after 2 years of treatment. In the report prepared by the 3rd Specialization Board of the Forensic Medicine Institute, it was stated that Elanur Türkmen lost 72 percent of her ability to earn money in the profession and that the help of another person may be needed for 18 months.
FAMILY FILED A 'NEGLIGENCE' CASE
Elanur Türkmen's father, Alaettin Türkmen, and her mother, Melike Türkmen, filed a lawsuit against the electricity distribution company for 1000 liras of material damages and 200 thousand liras of non-pecuniary damages. In the petition of the case filed with the Istanbul 20th Civil Court of First Instance, the following statements were made: "Elanur Türkmen, who had undergone dozens of operations, remained in the hospital for years, and her family, trying to survive on their own, devoted all their assets to their children, and suffered great material and moral damage. Elanur Türkmen, whose life was turned upside down at a young age, suffered indescribable pain and waited for these painful and sorrowful days to pass in her tiny world. The damage was caused by the electricity company, which was installed by the defendant electricity company, but did not fulfill any maintenance and supervision obligations." "It occurred as a result of an explosion in an electric box that was not brought. Therefore, we demand that the electricity company be awarded compensation."
'THE FAMILY ACTED NEGLIGENTLY'
Responding to the case, the electricity company requested the rejection of the case, stating that the short circuit in the box was caused by little Elanur Türmen's attempt to insert a key, and therefore the company had no fault. In the response petition, it was stated that it was not acceptable for a child who was 10 years old at the time of the incident to be left unattended and not supervised by his parents how he played in the early hours of the morning, and it was stated that "The family acted negligently. Fault and responsibility should be assumed. The client company has no fault in the incident that occurred. The family's demand for compensation is exorbitant. We demand the rejection of the unfair and unfounded case."
In the expert report, it was stated that the electricity company was 100 percent at fault in the accident and that no fault was detected in the victim Elanur Türkmen. Istanbul 20th Civil Court of First Instance accepted the lawsuit filed by Elanur Türkmen's family and ordered the defendant electricity company to pay a total of 13 million 79 thousand 719 liras and 63 kurus compensation, including 12 million 679 thousand 719 liras and 63 kurus material and temporary disability compensation and 400 thousand liras non-pecuniary damages. The court decided that the electricity company should pay this compensation to Elanur Türkmen's family, together with the legal interest that will accrue from July 3, 2016, when the incident occurred.
THE SUPREME COURT REVERSED THE DECISION
Objecting to the decision, the electricity company first brought the case file to the Istanbul Regional Court of Justice (Court of Appeal). After the Court of Appeal approved the decision of the local court, the electricity company this time appealed to the Supreme Court. The Supreme Court decided to partially overturn the decision made by the local court.
Following the Supreme Court's reversal decision, the decision was announced in the case that was heard again at the Istanbul 20th Civil Court of First Instance. Partially accepting the case in terms of material compensation, the court decided that the electricity company should pay a total of 13 million 43 thousand 169 liras and 59 kurus compensation, including 12 million 643 thousand 169 liras and 59 kurus as material compensation due to permanent incapacity and 400 thousand liras as non-pecuniary damages. The court ruled that the electricity company should pay this compensation to Elanur Türkmen's family, together with the legal interest that will accrue from July 3, 2016, when the incident occurred. The court rejected Elanur Türkmen's family's request for financial compensation of 36 thousand 550 lira due to temporary incapacity for work.
The following statements were included in the reasoned decision: "When evaluated together with the severity of the damage, the pain and suffering experienced by Elanur Türkmen and her family during the accident and the subsequent period, the disability of their children, and the pain they will experience in the following parts of their lives due to this accident, it requires compensation to be awarded for their benefit. Our court has a conscientious opinion in this direction."
