Chennai Court September 1987 Judgments
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Kali Aerated Water Works, Tiruchirapalli Vs. Rashid and ors.
Court: Chennai
Decided on: Sep-01-1987
Reported in: AIR1989Mad9
V. Ramaswami, J.1. Kali Aerated Water Works was a firm of registered partnership carrying on business in the manufacture and sale of aerated water of many kinds in the trade name of Kali Mark. They started the business in the year 1948. The trade name of Kali Mark was registered in the Trade Mark Registration office at Bombay on 19-2-1948. It was being renewed from time to time, and the last of such renewal was on 19-2-1970 for a period of seven years. However, after the expiry of the said period of seven years, no further renewal of the trade mark was made. The partnership was carrying on business with head office at Virudhunagar with branches at Tiruchirapalli, Kumbakonam, Madras, Karaikudi, Palayamkortai and Madurai. Under a registered deed of dissolution dtd. 31-3-1977, the firm was dissolved and at the time of dissolution there were ten partners. The firm was dissolved with effect from 1-4-1977. Under this deed of dissolution, the business of the dissolved partnership at Tiruchira...
Santhi Vs. the Managing Director Cholan Roadways Corporation and anr.
Court: Chennai
Decided on: Sep-01-1987
Reported in: I(1988)ACC67
S. Swamikkannu, J.1. The Courts are not expected to approach the case of the accident with an opinion that it would have been only that he driver of the vehicle which hit the victim, had driven the vehicle in a rtash and negligent manner. Such a kind of approach by the Court is nothing but perverse. A Court or Tribunal is expected to apply its mind to the entire evidence both oral and documentary and then only come to the conclusion as to the actual position that had been in existence during the time of the impact and then the act of the driver of the vehicle in question. In the instant case, the petitioner minor Santhi, aged 5 at the time of the occurrence represented by her next friend and father Murugaiyan that on 9-2-1978 by about 12.45 p.m. the petitioner appellant herein was walking along with her grandmother Manickavalli on the left side of the Bazaar Road in Poon-thottam village of Nannilara Taluk, that the second respondent before the Tribunal, Raghavan, was driving the bus MS...
Anna Transport Corporation Ltd. Vs. Mani and ors.
Court: Chennai
Decided on: Sep-01-1987
Reported in: 2(1988)ACC8
Swamikkannu, J.1. This appeal coming on for hearing on Thursday the 27th day of August 1987 and on this day upon perusing the petition of appeal, the order of the Lower Court, and the material papers in the case, and upon hearing the argument of Mr. R. Balasubramaniam, Advocate for the Appellant, and of Mr. S.K. Ramamurthy, Advocate for the Respondents, the Court made the following order:2. The first respondent Anna Transport Corporation Limited, Salem, by its Managing Director, is the appellant herein. The second respondent Subramant, has not been impleaded in the appeal. The petitioners 1 to 3 are the respondents herein. The appeal has been preferred by the owner of the vehicle in question, who was found to be liable, on the ground that the driver of the appellant had been responsible for driving the vehicle in question in a rash and negligent manner and was also directed to pay the compensation of Rs. 30,000/- apportioning the said compensation, namely Rs. 20,000/- to the first peti...
Venkataswami Motor Service P.N. Palayam Vs. C.K. Chinnaswamy and ors.
Court: Chennai
Decided on: Sep-01-1987
Reported in: I(1988)ACC571
Swamikkannu, J.1. This Appeal coming on for bearing on Monday the 20th July, Friday the 14th August 1987 and having stood over for consideration tell this day the court delivered the following judgment:2. This appeal is preferred by the third respondent M/s. Venkataswami Motor Service, P.N. Palayam, Coimbatore, against the award dated 1-9-1981 in M C.O.P. No. 14 of 1980 on the file of the Motor Accidents Claims Tribunal and Principal Subordinate Judge of Coimbatore, passed on a petition under Section 110-A of the Motor Vehicles Act, praying to grant an award for Rs. 50,000/- by way of compensation on account of the death of one Kamalam alias Kamalammal in a motor accident, finding that the vehicle in question was driven in a rash and negligent manner at the time of the occurrence and also finding that the claimants were entitled to a compensation of Rs. '36,000/-. The liability of the fifth respondent Oriental Fire and General Insurance Company Limited, now known as Oriental Insurance ...
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