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Andhra Pradesh Court December 2011 Judgments

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Dec 28 2011

Moodukulam Devibai Vs. Sbi Life Insurance Company Ltd. and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-28-2011

Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The unsuccessful complainant is the appellant. The appellants husband during his life time obtained SBI Life Insurance Policy bearing no.1011229806 for a period of 20 years commencing from 26.3.2008 and concluding on 26.3.2028. The sum assured is `2 lakh and the premium payable quarterly on 26/3, 26/6, 26/9 and 26/12 of every year. The appellants husband paid the premium upto 26.12.2009 totaling to `31,132/- The next premium due date was 26.3.2010. On 26.4.2010 the respondent insurance company intimated that the policy was lapsed and it can be revived on payment premium of `3,827/- payable by 26.5.2010, `7,335/- by 26.6.2010, `7,370/- by 26.7.2010, `7475/- by 26.8.2010 and `11,118/- by 26.9.2010. The appellants husband died on 5.5.2010. After the death of her husband the appellant informed the respondent insurance company and lodged claim which had gone unresponded compelling her get issued notice through her advocate on ...


Dec 28 2011

D.Krishna Reddy Vs. M/S Future Generali India Insurance Co.,ltd., Rep. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-28-2011

Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The complaint is the appellant. He has filed the complaint seeking direction to Future Generali India Insurance Company Ltd for payment of a sum of `5,00,000/- towards the sum assured under the insurance policy along with interest @24%p and costs. 2. The factual matrix of the case as seen from the averments of the complaint is that the appellant is the owner of Tata Specie SAS bearing registration number AP03 W 3339 and he used to run the vehicle as taxi to eke his livelihood. The appellant obtained contract carriage south India permit which is valid till 16-07-2011. K.Krishna Kishore, the insurance broker of the respondent insurance company collected an amount of `13,922/- on 1-12-2009 from the appellant after making inspection of the vehicle and issued Future Secure Motor Insurance Cover Note No.A 4623003 with the office seal of the respondent insurance company . As per the cover note the insurance policy was valid from...


Dec 28 2011

Konka Muni Babu Vs. the Manager, Cholamandalam Ms General Insurance Co ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-28-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.22/2010 on the file of District Forum-II, Tirupati, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant is an agriculturist and to cultivate his lands he purchased a tractor Mahendra 295 NINS for Rs.4,50,000/ on 29.7.2008 and the said tractor was registered with R.T.A., Tirupati and temporary registration number is given i.e. AP.03/YY-TR-2719. The complainant insured the said tractor with the tieup insurance i.e. first opposite party under policy no.MSM-00024410-000-00. The complainant paid 25% of the cost of the tractor and for remaining 75% of cost of the tractor the second opposite party had provided finance. The complainant paid one instalment amount to the second opposite party. On 22.11.2008 at about 8.00 p.m. near Koduru Check Post, on Varadaiahpalem-TADA Main Road the complainants tractor met with an accident on collusion with an Indica ...


Dec 28 2011

The General Manager M/S.Shriram Life Insurance Company and Others Vs. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-28-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.09/2009 on the file of District Forum-I, Krishna at Machilipatnam, the opposite parties preferred this appeal. The brief facts as set out in the complaint are that the father of the complainant by name Bommidi Sanjeevarao became a customer of 3rd opposite party under Sri Plus Policy vide policy bearing No.IN 100700139196 and the date of commencement of policy is 18-9-2007 and the mode of payment of premium is half yearly at Rs.5,000/- and the total sum assured is Rs.1,50,000/- but due to mistake it was mentioned as Rs.75,000/-. The complainant submitted that after completion of all formalities and medical check up to his father, opposite party No.2 issued policy wherein the complainant was mentioned as nominee. Thereafter the assured paid three premiums from time to time and opposite party No.3 issued receipts. While so, the complainants father died on 05-10-2008 due to heart attack. The complainant ...


Dec 27 2011

Ponjurangam and Others. Vs. Darshanala Swamy and ors

Court: Andhra Pradesh

Decided on: Dec-27-2011

JUDGMENT: 1. While the appellants are the legal representatives of the sole defendant in O.S.No.157 of 1990 on the file of the V Junior Civil Judge, City Civil Court, Hyderabad, the respondents are the legal representatives of the sole plaintiff in that suit. For the sake of convenience, the parties herein are referred to as 'plaintiff' and 'defendant'. 2. The suit was filed for the relief of declaration of title, mandatory injunction for removal of structures and recovery of possession of suit schedule property of about 280 square yards, in premises bearing No.3-7-141 of Kakaguda, Hyderabad. 3. The plaintiff pleaded that the property admeasuring 350 square yards, in all, was acquired by himself and one Darshanala Ramaswmay jointly, and on the death of Ramaswamy, it has accrued to him by survivorship. It was stated that part of the property was given on lease to the defendant, initially on a rent of Rs.50/-, per month, and thereafter, Rs.75/- per month. It was stated that, when the def...


Dec 27 2011

Gadale Vasantha and Another Vs. Ms.Cybermate Infotek Limited and 3 ors

Court: Andhra Pradesh

Decided on: Dec-27-2011

COMMON JUDGMENT :1) This criminal appeal is filed by the Complainants 1 and 2 as Appellants 1 and 2 against order of acquittal of the Respondents 1 to 3/A-1 to A-3 recorded by XVII Metropolitan Magistrate, Hyderabad in C.C. No.732 of 2003 vide judgement dated 26-04-2005. When this Appeal has been pending in this Court, the first complainant/first appellant died on 19-12-2007; therefore, Crl.A.M.P.(S.R.) No.28256 of 2011 is filed for impleading the Petitioners 3 to 6 therein who are her husband and children, as her legal representatives (L.Rs). Crl.A.M.P. No.1431 of 2011 is filed by them for condoning the delay of 1318 days in filing the L.R. Petition. These petitions are opposed by the respondents/accused.2) L.Rs of the deceased first appellant were sought to be brought on record under Section 394 (2) Cr.P.C. Section 394 reads as follows :"394. Abatement of appeals -(1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused.(2) Every other appeal ...


Dec 27 2011

B.Ramachander Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Dec-27-2011

SAMUDRALA GOVINDARAJULU, J.1) The appellant/A-7 was working as Sub-Inspector of Police, Bela Police Station of Adilabad District. He was convicted by the II Additional Sessions Judge (Fast Track Court), Adilabad under Sections 201, 202, 217 I.P.C and was sentenced to rigorous imprisonments of two years, six months and one year and pay fines of Rs.3,000/-, Rs.1,000/- and Rs.1,000/- respectively. Questioning the same, A-7 filed this appeal.2) It is prosecution case that on 20.02.2000 A-1 to A-6 armed with sticks, axes and poison tins attacked the deceased Bakre Ramji and his wife P.W-1 and beat them alleging that their son Bakre Kaud molested A-1's daughter and that on 01.03.2000 when the deceased went to fields for night watch, the accused administered poison to him by force and killed him and that on the next day, another son of the deceased by name Prakash (P.W-11) gave report to A-7 who came to the village and made enquiry with family members of the deceased and informed them that it...


Dec 27 2011

Sri Botla Akkeswara Rao and Another Vs. M/S.SreevIn Greens Represented ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2011

Oral Order (Per Honble Justice Sri D.Appa Rao, President) The complainants preferred this appeal against the order of dismissal of their complaint by the District Forum for default. The appellants/complainants represented that they could not appear on the said day as they were attending to their agricultural operations and that their counsel attended the family court pertaining to the dispute with his wife which led to filing of criminal case U/s.498 A of Indian Penal Code, 1860 read with Dowry Prohibition Act under Domestic Violence Act before IX Metropolitan Magistrate, Miyapur and also for divorce before the Family Court, Ranga Reddy District at L.B.Nagar. Considering the grounds on which they could not appear before the District Forum, we are of the opinion that one more chance be given to the complainants to pursue their complaint before the District Forum. In the circumstances, the appeal is allowed and the order of the District Forum is set aside. The District Forum is directed ...


Dec 27 2011

Dr. B. Udaya Kumar, Associate Professor of Orthopaedics, Andhra Medica ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.531/2007 on the file of District Forum-II, Visakhapatnam, the opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainant sustained multiple injuries in a motor accident on 1.2.2004 and he sustained fracture of right femur bone, head injury of deep lacerated wound on the front parietal region, dislocation of bone of right thumb, swelling of right foot among other injuries and he was brought to KGH and the opposite party advised him to join in St.Joseph Hospital for better treatment under his care. On 1.2.2004 the complainant was joined in St.Joseph Hospital , Maharanipeta, Visakhapatnam as an in patient and the opposite party gave necessary treatment to the complainant and conducted surgery for the fracture of the right femur bone and to unite the fracture, nails were inserted and the complainant was discharged on 15.2.2004. The complainant spent in all ...


Dec 27 2011

Smt.K.Jamuna Rani and Others Vs. the Branch Manager, Uti Bank and Othe ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2011

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No.100/2008 on the file of District Forum, Nizamabad, the complainants preferred this appeal. The brief facts as set out in the complaint are that the husband of the first complainant and father of complainants 2 and 3 namely V.Venkateswara Rao during his life time opened Savings Bank Account with opposite party No.1 Bank and he also obtained a Debit Card from opposite party No.1. At the time of issuance of Debit Card, opposite party No.1 informed the first complainants husband that the debit card holders shall have a coverage of accident benefit of Rs.2,00,000/- as per the policy issued by opposite parties 2 and 3. The complainant submitted that her husband died in a motor accident on 01-12-2006 and a police case was registered in Cr.No.207/2006. The complainant made an application to the opposite parties requesting to settle the claim and submitted the relevant documents but opposite parties did not s...


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