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Andhra Pradesh Court October 2012 Judgments

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Oct 29 2012

icici Prudential Life Insurance Co.Ltd. and Another Vs. Sri N. Ramanth ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Oct-29-2012

Oral Order: (Sri R.Lakshminarasimha Rao, Honble Member) 1. The opposite party-insurance company is the appellant. The appeal is challenge to the order of the District Forum which allowed the complaint awarding an amount of `1,50,000/-towards the sum assured under the insurance policy with interest and Rs.2,000/- towards costs. 2. The first respondents wife during her life time obtained life time super insurance policy from the appellant-insurance company on 19.11.2007 and the insurance company commenced from 19.11.2007. The date of maturity of the policy is 19.05.2017. The first respondent wife died on 15.12.2007 and he intimated his wifes death to the appellant and lodged claim for the sum assured under the policy, `1,50,000/-. On 31.03.2008 the appellant repudiated the claim on the ground that the insured was a patient of plasma cell myeloma and hypertension for a period of five years. 3. The first respondent filed the complaint contending that his wife had not suffered from any dise...


Oct 19 2012

M/S. Lanco Ferro Ltd., Represented by Its Joint Managing Director Vs. ...

Court: Andhra Pradesh

Decided on: Oct-19-2012

The owner of the offending vehicle preferred the present Civil Miscellaneous Appeal aggrieved by the order dt. 11-9-2003 passed in MVOP No.282/2000 on the file of Chairman, Motor Accidents Claims  Tribunal-cum-V Additional District Judge, Chittoor at Tirupathi. 2. The facts which led to filing of the appeal are as follows: The accident is said to have taken place on 12-11-1999 at 6 AM on Madras-Srikalahasthi State Highway near Thottambedu village, when the claimant was travelling in the lorry of the first respondent bearing registration No. AP 03 T 7500 with three bags of rice. The claimant sustained injuries when the vehicle turned turtle due to rash and negligent driving of the driver of the said vehicle. He was shifted to Government Hospital, Srikalahasthi and from there to S.V.R.R. General Hospital, Tirupati, where he is said to have taken treatment for four months. According to him, he was aged about 41 years, working as Water Boy in EMPEE Sugars, Naidupet and was also doing ...


Oct 19 2012

The Oriental Insurance Co. Ltd., Rep. by Vs. Doppalapudi Sujatha and O ...

Court: Andhra Pradesh

Decided on: Oct-19-2012

HON'BLE SRI JUSTICE K.G.SHANKAR Civil Miscellaneous Appeal Nos.577; 596 o19. 10-2012 The Oriental Insurance Co. Ltd., Rep. by its Branch Manager, Branch Office, Opp. District Court, Cuddapah Doppalapudi Sujatha and others Counsel for the appellant: Sri M.Satish Reddy Counsel for respondents/: Sri Ch.Janardhana Reddy claimants Counsel for respondent No.4: None : : Cases referred:1. 1988 ACJ 107.2. AIR 200.SC 369.3. 2009 (4) ALD 59.4. (2012) 3 SCC 61.5. 2009 ACJ 129.Common Judgment: This common judgment disposes of both the appeals. The two appeals arise in separate claims arising out of the same accident. The eyewitness for the accident proper in both the cases is one and the same. The claims are also similar relating to agricultural income, milk vending and tractor management. The decisions relied upon by both sides also are common in both the cases. I therefore consider it appropriate to dispose of both the appeals through this common judgment. C.M.A.No.577 of 2003 arises from the awa...


Oct 19 2012

Smt. Guntamukkala Naga Venkata Kanaka Du Vs. Guntamukkala Eswar Sudhak ...

Court: Andhra Pradesh

Decided on: Oct-19-2012

HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA AND HON'BLE SRI JUSTICE G.KRISHNA MOHAN REDDY FCA No.7 of 2010 and another 19-10-2012 Smt. Guntamukkala Naga Venkata Kanaka Durga Guntamukkala Eswar Sudhakar and another Counsel for the Appellant: Sri Maturi Aravindu Counsel for Respondents: Sri V. Venugopal Rao : ?Cases referred:1. 2007(2) ALD 4.(SC) 2. AIR 199.GUJARAT 8 AIR 199.SC 94.= (1998) 9 SUPREME 22 NA MOHAN REDDY F.C.A.Nos.7 and 47 of 2010 COMMON JUDGMENT: (per Hon'ble Sri Justice G.Krishna Mohan Reddy) These appeals have arisen out of common order dated 28-05-2009 passed in O.P.Nos.435 of 2006 and 391 of 2008 on the file of Judge, Family Court-cum-IV Additional District Court at Vijayawada.2. The appellant (wife) in F.C.A.Nos.7 and 47 of 2010 is the petitioner in O.P.No.435 of 2006 and respondent in O.P.No.391 of 2008. On the other hand the first respondent (husband) in F.C.A.No.7 of 2010 who is the sole respondent in F.C.A.No.47 of 2010 is also the respondent in O.P.No.435 of 2006 and pet...


Oct 19 2012

1.Tankala Mouliswara Rao S/O. Late Krish Vs. 1) the Assistant Commissi ...

Court: Andhra Pradesh

Decided on: Oct-19-2012

HON'BLE SRI JUSTICE B.N. RAO NALLA C.M. A. No.503 OF 201.19.10.2012 1.Tankala Mouliswara Rao s/o. late Krishna Murthy Naidu and four others 1) The Assistant Commissioner, Endowments Department, Visakhapatnam.2. Sri Varaha Lakshmi Narasimha Swamy Vari Devasthanam, Simhachalam, Visakhapatnam District,rep. by its Executive Officer. Counsel for the Appellants: Sri Aravala Rama Rao Counsel for Respondent No.2: Sri V.Venugopala Rao GIST : HEAD NOTE : Cases referred:1. 2011 (6) ALT 16.2 2007 (1) ALT 8.3 2007 (1) ALD 26.4 2004 (6) ALD 73.JUDGMENT: This C.M.A. is filed assailing the order dated 10.11.2011 in O.A. No.2976 of 2010 on the file of the Andhra Pradesh Endowments Tribunal, Hydereabad (for short 'the Tribunal'). The appellants herein are the respondents and the respondents herein are the applicants in the O.A.2. For the sake of convenience, the parties hereinafter referred to as they arrayed in the O.A. However, applicant No.2, which is "Sri Varaha Lakshmi Narasimha Swamy Vari Dev...


Oct 19 2012

M/S. Lanco Ferro Ltd., Represented by It Vs. N. Guravaiah and Another.

Court: Andhra Pradesh

Decided on: Oct-19-2012

HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR CMA NO.4750 o19. 10-2012 M/s. Lanco Ferro Ltd., represented by its Joint Managing Director,Rachagunneri Industrial Area, Srikalahasthi, Chittoor Dt. N. Guravaiah and another. Counsel for the appellant: Sri Ugra Narasimha Counsel for respondent No.1: Sri K.G. K.Moorthy Counsel for respondent No.2: Sri A.V.K.S. Prasad 1. 2012 (4) ALD 48.2. 2004(1) ALD 9.(SC) 3. 2003(1) ALD 1.(SC) = 2003 ACJ 1 (SC) 4. 2005(2) ACJ 72.(SC) 5. 2007 (1) DT 38.(SC) 6. 1950 (2) All.E.R.331 7. (1972) 1 All E.R8. (1946) 1 All.E.R9. 2001 ALT (2) 185 = 2002 ACJ 129.10.2011 (5) ALD 15.(DB) JUDGMENT: The owner of the offending vehicle preferred the present Civil Miscellaneous Appeal aggrieved by the order dt. 11-9- 2003 passed in MVOP No.282/2000 on the file of Chairman, Motor Accidents Claims Tribunal-cum-V Additional District Judge, Chittoor at Tirupathi.2. The facts which led to filing of the appeal are as follows: The accident is said to have taken place on 12-11-1999 at 6 A...


Oct 19 2012

The New India Assurance Company Limited, Vs. 1) Sri K.Shiva Prasad S/O ...

Court: Andhra Pradesh

Decided on: Oct-19-2012

HON'BLE SRI JUSTICE B.N. RAO NALLA C.M.A.No.1087 OF 201.19.10.2012 The New India Assurance Company Limited, rep. by its Regional Manager, Madan Mohan Building, R.P,Road, Secunderabad. 1) Sri K.Shiva Prasad s/o.Sri K.Manikya Rao 2) Sri A.Rasheed s/o.Sri Shookur Counsel for the Appellant: Sri B.Devanand Counsel for Respondent No.1: Sri K.Jagathpal Reddy ^Counsel for Respondent No.2: Sri Y.Nagaiah HEAD NOTE: ?Cases referred:1. 2009 ACJ 141.2 2012 ACJ 79.3 2006 ACJ 1336.4 2008 ACJ 216.5 2010 ACJ 285.6 2007 ACJ 84.7 2009 ACJ 274.8 2010 (2) An.W.R. 365 (DB) (Jhar.2011. (5) ALD 48.10 2004 ACJ 1 JUDGMENT: This appeal has been filed by the New India Assurance Company Limited assailing the order dated 09.03.2007 in W.C.No.29 of 2006 on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-1, Hyderabad (for short 'the Commissioner') whereby and whereunder the applicant - claimant was awarded an amount of Rs.3,08,158/- as compensation as against the claim of ...


Oct 19 2012

P. Bhaskar Rao Vs. K. Sreenivasa Rao

Court: Andhra Pradesh

Decided on: Oct-19-2012

THE HONOURABLE SRI JUSTICE B.N. RAO NALLA CIVIL REVISION PETITION No.6337 OF 200.19-10-2012 P. Bhaskar Rao K. Sreenivasa Rao Counsel for the petitioner: Sri R.V. Prasad (919) Counsel for the respondent: Sri Sricharan Telaprolu (8640) HEAD NOTE: ?CASES REFERRED: ORDER: This Civil Revision Petition is filed against the order in E.P. No.87 of 2009, a petition under Order - XXI Rules - 37 and 38 of the Code of Civil Procedure (for short 'CPC') for arrest and detention of the petitioner in civil prison, in O.S. No.290 of 2007 passed by the learned Principal Junior Civil Judge, Bapatla, whereby and whereunder the executive Court allowed the E.P. directing to issue warrant against the revision petitioner.2. The revision petitioner herein is the judgment-debtor and the respondent is the decree-holder in the E.P. arising out of the suit referred supra for recovery of money.3. For the sake of convenience, the parties are hereinafter referred to as they arrayed before the executive Court.4. Hear...


Oct 19 2012

United India Insurance Company Limited, Vs. 1) Sri Bal Reddy S/O. Venk ...

Court: Andhra Pradesh

Decided on: Oct-19-2012

HON'BLE SRI JUSTICE B.N. RAO NALLA C.M. A. No.1091 OF 201.19.10.2012 United India Insurance Company Limited, rep. by its Divisional Manager, Station Road, Kurnool. 1) Sri Bal Reddy s/o. Venkat Rami Reddy 2) Smt. P.Govindamma w/o.Chinnaiah Counsel for the Appellant: Sri Naresh Byrapaneni Counsel for Respondent No.1: Ms. J.Sandhya Rani HEAD NOTE: ?Cases referred: nil JUDGMENT: This appeal has been filed by the United India Insurance Company Limited assailing the order dated 04.07.2011 in W.C. No. 22 of 2008 on the file of the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Mahabubnagar, whereby and whereunder the applicant- claimant was awarded an amount of Rs.99,186-88ps as compensation as against the claim of Rs.3,00,000/-. 2.The parties hereinafter referred to as they arrayed in the W.C.3. The brief facts of the case of the applicant are that he was employed by opposite party No.1 as labourer for the past six months for the purpose of loading and unloading m...


Oct 19 2012

Anil Kumar Sharma, Asst.Manager and Authorised Representative of Agarw ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Oct-19-2012

Oral Order : (Sri R.Lakshmi Narasimha Rao, Honble Member) 1. The complainant challenged the legality of the order passed by the District Forum by way of filing appeal contending that the claim lodged by it seeking for indemnification of a sum of `25,000/- is arbitrarily not settled by the respondent-insurance company on the premise that the damaged parts of the car are not covered by the terms of the insurance policy. 2. The appellant-company obtained insurance policy for its four wheeler vehicle bearing registration number AP 28 W for the period from 25-06-2008 till 24-6-2009 (for a sum of `6,62,340/-) on payment of premium of Rs.4,578/- and the vehicle met with an accident on 25-09-2009 when it did hit a speed breaker on the road at Narsanghi as a result of which its front and back portions got damaged. The respondent-insurance company deputed a surveyor and basing on the surveyors report it had repudiated the claim on the premise that the damaged parts are not covered by IMT21. 3. T...


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