Chennai Madurai Court November 2016 Judgments
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The Divisional Manager, United India Insurance Co. Ltd., Dindigul Vs. ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 03.04.2006 made in M.C.O.P.No.285 of 2004 on the file of the Motor Accident Claims Tribunal, Additional Subordinate Judge, Dindigul.) 1. The appellant/United India Insurance Company Ltd., filed the present C.M.A.No.1297 of 2006, challenging the award passed in M.C.O.P.No.285 of 2004 by the Motor Accidents Claims Tribunal/ Additional Subordinate Judge, Dindigul. 2. It is a case of injury caused on account of the accident took place at about 5.00 a.m. on 30.04.2003 at Kovilur Diversion at Vadamadurai to Dindigual Road. The 1st respondent/claimant filed M.C.O.P.No.285 of 2004 before the Motor Accident Claims Tribunal cum Additional Subordinate Judge, Dindigul. Considering the facts and circumstances of the case, the Tribunal awarded Rs.3,75,000/- towards the compensation. Challenging the same, the appellant United India Insurance Company preferred this Civil Mi...
M/s. Oriental Insurance Company Ltd., Rep. by its Branch Manager, Cont ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree dated 16.08.2012 in M.C.O.P.No.1870 of 2006, on the file of the Motor Accidents Claims Tribunal-cum-I Additional Sub-Judge, Thirichirappalli.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.645 of 2015, challenging the award passed inMCOP.No.1870 of 2006, dated 16.08.2012, on the file of the Motor Accidents Claims Tribunal-cum-I Additional Sub-Judge, Thirichirappalli. 2. It is a case of an injury caused on account of an accident took place on 20.01.2006 around 01.00 p.m. in Muthukudiyarpatti to Kabilarpatti Road. The injured victim filed an application seeking compensation before the Tribunal. Considering the facts and circumstances of the case, the Tribunal awarded Rs.1,12,000/-. Challenging the same, the appellant/Oriental Insurance Company preferred this appeal mainly on the ground that the accident occurred in a Tractor and the r...
Kannan Vs. The Proprietor M/s.K.S.S. Bus Transport Firm, Sivagangai an ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 06.08.2012 made in M.C.O.P.No.109 of 2009, on the file of the Motor Accidents Claims Tribunal, Devakottai.) 1. The appellant has filed the present C.M.A(MD)No.146 of 2015, challenging the award passed inMCOP.No.109 of 2009, dated 06.08.2012, on the file of the Motor Accidents Claims Tribunal, Devakottai. 2. It is a case of an injury caused on account of an accident occurred on 23.07.2009 near Thiruthuraipoondi-Nagapattinam Main Road. The injured victim filed an application seeking compensation before the Tribunal. Considering the facts and circumstances of the case, the Tribunal awarded Rs.6,04,277/- as total compensation. Having not satisfied with the quantum of compensation, the appellant/claimant has filed this appeal seeking enhancement. The enhancement is sought for mainly on the ground that he sustained grievous injury including fracture, resulting perm...
V. Vijayaraman and Others Vs. C. Karuppan and Others
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer:Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgement and Decree in A.S.No.20 of 2011 passed by the Additional District Court, Ramanathapuram, dated 06.04.2016 reversing the Judgment and Decree in O.S.No23 of 2008 passed by the Subordingate Judge, Paramakudi dated 07.07.2011.) 1. The defendants 1 to 4 in the suit are the appellants in this Second Appeal. 2. The plaintiff, namely, the first respondent herein filed a suit in O.S.No.23 of 2008 on the file of the Sub-Court, Paramakudi, for partition of the plaintiff's share in the suit property. The suit properties consists of several items and even along with the plaint, the plaintiff has produced the genealogy. 3. The case of the plaintiff in the plaint are as follows:- 3.1. The suit property originally belonged to one Chithuri and the said Chithuri died leaving behind two sons and two daughters. The two sons are namely Veerachamy and Sokkaraman. The daughters are namely Mookkayi and Parvathy...
The Managing Director, Tamil Nadu State Transport Corporation (Kumbako ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree made in M.C.O.P.No.491 of 2013, dated 03.07.2013, on the file of the Motor Accidents Claims Tribunal / Special District Court, Tiruchirappalli.) 1. The appellant/Transport Corporation has filed the present C.M.A(MD)No.629 of 2015, challenging the award passed inMCOP.No.491 of 2013, dated 03.07.2013, on the file of the Motor Accidents Claims Tribunal / Special District Court, Tiruchirappalli. 2. It is a case of a fatal accident caused on account of an accident took place on 18.06.2010 around 05.15 p.m. in Kariyamanikkam to Kanniyakudi Road. The heirs of the deceased filed an application seeking compensation before the Tribunal. Considering the facts and circumstances of the case, the Tribunal awarded Rs.8,82,400/- as total compensation. Challenging the same, the appellant/Transport Corporation filed the present appeal on the ground that the quantum of compensation ...
The Branch Manager, The United India Insurance Company Limited, Thanja ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 23.08.2011 made in MCOP.No.809 of 2004 on the file of the Motor Accident Claims Tribunal, Principal Sub Judge, Trichy.) 1. It is the case of injury caused on account of the accident took place on 06.10.2003 around 05.30 hours on Trichy to Tanjore main road near Electronic bus stop. The vehicle involved in the accident is a two-wheeler and the pillion/injured claimant filed an application seeking compensation before the Motor Accident Claims Tribunal, Principal Sub Court, Trichy, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.1,55,000/-, as total compensation with interest at 7.5% per annum. The appellant insurance company preferred this appeal, on the ground that it is Act only policy and therefore, the Tribunal has committed an error by fixing the liability on the part of the appellant insurance company, instead of fixing liability on the owner...
Branch Manager, The Oriental Insurance Company Limited, Krishnan Stree ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.34 of 2013, dated 06.03.2014, on the file of the Motor Accidents Claims Tribunal-cum-Sub Judge, Periyakulam.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.540 of 2014, challenging the award passed inMCOP.No.34 of 2013, dated 06.03.2014, on the file of the Motor Accidents Claims Tribunal-cum-Sub Judge, Periyakulam. 2.The fatal accident took place on 28.07.2012, when the deceased one Mr.Jeyachandran along with his friends boarded in a Qualis car bearing Registration No.TN20-P-1313, which was insured under the Oriental Insurance Company. The deceased was an occupant in the car and the car was proceeding from Chennai to Trichy. The driver of the car rashly over took a two wheeler and a lorry was flying ahead. The Qualis car lost his control due to over speeding and dashed with a two wheeler and consequently hit the lorry also. Con...
R. Muthukumar Vs. The Chairman, Tamil Nadu Power Generation and Distri ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the second respondent, dated 30.07.2014, in his proceeding letter Na.Ka.No.08040/256/Ma Po/Theni/U.Ni.A9/Ni P.2/U2/Ko.Va Ve/2014, quash the same and further direct the respondents to provide petitioner an employment in any suitable post on petitioner's educational qualification under compassionate grounds in their Department.) 1. This writ petition has been filed seeking to quash the order passed by the second respondent, dated 30.07.2014, by which the claim for compassionate appointment has been rejected on three grounds and to provide employment in any suitable post, based on petitioner's educational qualification under compassionate grounds in their Department. 2. The second respondent, by the proceedings, dated 30.07.2014, has informed the petitioner's mother, R.Lakshmi, that the applica...
R. Manikandan Vs. Umavathi
Court: Chennai Madurai
Decided on: Nov-28-2016
(prayer: Appeal filed under Section 28 of the Hindu Marriage Act read with Section 100 of the Civil Procedure Code, against the judgment and decree dated 26.03.2012 made in HMCMA.No.1 of 2011 on the file of Principal District Judge, Dindigul, confirming the judgment and decree dated 20.07.2010 in HMOP.No.124 of 2003 on the file of the Principal Sub Judge, Dindigul.) Judgment: S.M. Subramaniam, J. 1. The respective counsels both for the appellant and the respondent filed a joint compromise memo dated 28.11.2016, which reads as follows:- ''It is respectfully submitted that in the above matter, in the interest of the welfare of the children of the appellant and the respondent, so also at the request of the family elders of the both the families, the appellant and the respondent herein have decided to reunite themselves and hence this memo is filed before this Hon'ble Court. It is therefore prayed that this Hon'ble Court may be pleased to record the above submissions and pass suitable orde...
The Branch Manager, Oriental Insurance Company Limited, Palakkadu Vs. ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 14.09.2011 made in MCOP.No.216 of 2008 on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Pudukkottai.) Judgment: S.M. Subramaniam, J. 1. It is the case of injury caused on account of the accident took place on 31.07.2007 around 05.00 p.m on Pudukottai to Annavasal road near Annavasal Union Office. The injured claimant filed application seeking compensation before the Motor Accident Claims Tribunal, cum Chief Judicial Magistrate, Pudukkottai, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.1,63,000/-, as total compensation with interest at 7.5% per annum. The appellant insurance company preferred this appeal, challenging the quantum of compensation. 2. Learned counsel for the appellant contended that the Tribunal has wrongly adopted the multiplier method instead of fixing compensation based on the assessment of disab...
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