Chennai Madurai Court November 2016 Judgments
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The Oriental Insurance Company Limited, Rep. by its Branch Manager, Ra ...
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 13.02.2014 made in MCOP.No.499 of 2009 on the file of the Motor Accident Claims Tribunal cum Additional Sub Judge, Tirunelveli.) It is the case of injury caused on account of the accident took place on 16.03.2009 around 01.00 p.m on Kondavaiyanpatti road near Thattanpati Vilakku. The injured claimant filed application in MCOP.No.499 of 2009, seeking compensation before the Motor Accident Claims Tribunal, Sub Judge, Tirunelveli, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.1,49,278/-, as total compensation with interest at 7.5% per annum. The appellant insurance company preferred this appeal, on the ground that though the Tribunal found that the driver, who was driving the vehicle which met with the accident did not have the required badge endorsement in the licence, erred in not ordering pay and recovery. 2. In respect of the liability of the ...
Athimamunivar Yadava Samuthaya Trust, Nagercoil, represented by its Tr ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Common Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India, praying this Court to set aside the fair and decretal orders made in I.A.Nos.16,17 and 46 of 2016 in O.S.No.407 of 2010, dated 25.4.2016, on the file of the I Additional Subordinate Court, Nagercoil.) Common Order: 1. C.R.P.No.2401 of 2016 is filed against the order passed in I.A.No.16 of 2016 to re-open the case, C.R.P.No.2401 of 2016 is filed against the order passed in I.A.No.17 of 2016 to recall the evidence Of P.W.1 and C.R.P.NO.2403 of 2016 is filed to permit the petitioner to file additional affidavit. 2. The learned counsel for the Petitioners would submit that the first respondent herein filed the suit for declaration and permanent injunction and for other reliefs. In the aforesaid suit, evidence of the plaintiff was examined as P.W.1 and thereafter the Petitioners/defendants 4 to 6 filed the present applications in I.A.Nos.16 of 2016 and I.A.No.17 of 2016 to reopen and recall the ev...
The Branch Manager, Oriental Insurance Company Ltd., Pudukottai Distri ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree in M.C.O.P.No.361 of 2012, dated 31.01.2013, on the file of the Motor Accident Claims Tribunal, Additional District Court, Pudukottai.) Judgment: 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.1763 of 2013, challenging the award passed inMCOP.No.361 of 2012, dated 31.01.2013, on the file of the Motor Accident Claims Tribunal, Additional District Court, Pudukottai. 2.The fatal accident of the case on hand occured on 26.02.2010 around 08.10 hours near Alangudi Bus Stand. The heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Additional District Court, Pudukottai in MCOP.No.361 of 2012. Considering the facts and circumstances of the case, the Tribunal awarded Rs.4,65,000/- as total compensation. Challenging the same, the appellant/Oriental Insurance Company has preferred this appea...
T. Lissi Bai and Others Vs. G.L. Jeepa Judit
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the order made in I.A.No.398 of 2014 in O.S.No.186 of 2012, dated 09.09.2014, on the file of the Additional District Munsif, Padmanabhapuram.) Order: 1. The learned counsel for the Petitioners seeks permission of this Court to withdraw the Civil Revision Petition and has also made an endorsement to that effect. 2. In view of the same, the Civil Revision Petition is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is dismissed. No costs....
M/s.Oriental Insurance Company Limited Vs. Jegadeesh and Another
Court: Chennai Madurai
Decided on: Nov-28-2016
1. It is the case of injury caused on account of the accident took place on 30.07.2006 around 05.30 p.m on Trichy-Ariyalur main road near Vellanoor Grave Yard. The injured claimant filed an application seeking compensation before the Motor Accident Claims Tribunal cum Sub Court, Trichy, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.44,000/-, as total compensation with interest at 7.5% per annum. The appellant insurance company preferred this appeal, challenging the quantum of compensation as excessive, on the ground that the injury sustained by the claimant is very simple in nature, for which, the Tribunal ought not to have awarded Rs.44,000/-. 2. It is pertinent to note that the person injured was 8 years of age at the time of accident and further, he was studying in III Standard in Child Jesus Matriculation School, Pullambadi. Therefore, this Court is not inclined to interfere with the impugned award passed by the Tribunal and accordingly, the i...
Krishnammal Vs. Sivaniammal and Others
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908, against the Judgment dated 07.03.2011 passed in A.S.No.12 of 2009 on the file of the Subordinate Court, Sankarankovil, thereby confirming and Decree judgment dated 04.12.2008 passed in O.S.No.275 of 2007 on the file of the Principal District Munsif Court, Sankarankovil.) 1. The Plaintiff is the appellant in this Second Appeal. The appellant herein filed a suit in O.S.No.275 of 2005 on the file of the Principal District Munsif Court, Sankarankovil, for declaration of title and consequential injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit property. The suit properties consist of two items. The first item is an extent of 21 cents out of total extent of 64 cents in Survey No.172/2 in Melaneelithanallur, Maruthankinar Village, Sankarankovil Taluk, Tirunelveli District. The second item consists of the remaining 43 cents in Survey No.172/2. 2. T...
The Oriental Insurance Co. Ltd. through its Branch Manager, Rajapalaya ...
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.232 of 2001 dated 22.01.2008, on the file of the Motor Accidents Claims Tribunal-cum-Principal District Court, Virudhunagar District at Srivilliputhur.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.915 of 2008, challenging the award passed inMCOP.No.232 of 2001, dated 22.01.2008, on the file of the Motor Accidents Claims Tribunal-cum-Principal District Court, Virudhunagar District at Srivilliputhur. 2. It is a case of an injury occurred on account of an accident took place on 26.12.2000 around 00.15 hours near Srivilliputhur-Madurai Main Road. The injured victim filed an application seeking compensation before the Motor Accidents Claims Tribunal-cum-Principal District Court, Virudhunagar District at Srivilliputhur in MCOP.No.232 of 2001. Considering the facts and circumstances of the case, the Tribunal awarded Rs.1,83,000/- as...
S. Oliprakasam Vs. A. Kanagasabai and Others
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Decree and Judgment dated 21.08.2006 in T.M.O.P.No.163 of 2004 on the file of the Principal District Judge, Tuticorin.) Judgment: S.M. Subramaniam, J. 1. The learned Counsel for the appellant, on instructions, would submit that the sole appellant died and hence, the Civil Miscellaneous Appeal may be dismissed as abated and he has also made an endorsement to that effect. 2. In view of the submission and the endorsement made by the learned Counsel for the appellant, this Civil Miscellaneous Appeal is dismissed as abated. There shall be no order as to costs....
The Oriental Insurance Company Limited, through its Divisional Manager ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Appeals filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 21.01.2014 made in MCOP.Nos.525 and 526 of 2013 on the file of the Motor Accident Claims Tribunal cum Special Sub Judge, Tirunelveli.) Common Judgment: It is the case of injury caused on account of the accident took place on 26.03.2013 around 01.30 p.m on Tirunelveli-Tiruchendur main road near PMS I.T.I. The injured claimants filed applications in MCOP.Nos.525 and 526 of 2013, seeking compensation before the Motor Accident Claims Tribunal cum Special Sub Judge, Tirunelveli, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.1,67,720/- and Rs.3,14,870/- respectively, as total compensation with interest at 9% per annum. The appellant insurance company preferred these appeals, challenging the liability and quantum. 2. In respect of the liability, learned counsel for the appellant contended that before the Tribunal, the insurance company raised the que...
The Oriental Insurance Company Limited, through its Divisional Manager ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.No.125 of 2007, dated 30.09.2011, on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Virudhunagar District at Srivilliputtur.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.1484 of 2013, challenging the award passed inMCOP.No.125 of 2007, dated 30.09.2011, on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Virudhunagar District at Srivilliputtur. 2.It is an unfortunate case of the fatal accident caused on account of an accident took place on 14.01.2007 around 7.45 a.m. on Srivilliputhur Madurai Main Road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accidents Claims Tribunal, Principal District Judge, Virudhunagar District at Srivilliputtur in MCOP.No.125 of 2007. Considering the facts and circumstances of the case, the Tri...