Chennai Court April 1992 Judgments
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United India Ins. Co. Ltd. Vs. Rajammal and 6 ors.
Court: Chennai
Decided on: Apr-08-1992
Reported in: II(1992)ACC489
Abdul Hadi, J. 1. This appeal is by the Insurance Company against the award of the Claims Tribunal in M.C.O.P. No. 24 of 1984 for a sum of Rs. 76,800/- in favour of the claimants respondents 1 to 4 herein, who are the legal representatives of the deceased, who died in the motor accident that took place on 10.1.1983 at 6.00 p.m. The vehicle involved in the accident is MDB 9318 and it was knocked down the deceased while he was going by a cycle.2. Only a short question is involved in this appeal. As per the claim of the appellant Insurance Company. Its liability is only limited to Rs. 50,000/-. But the Tribunal below has not apportioned the above said Award amount accordingly. For not apportioning the Award amount, the Tribunal below relies on the decision in Mehla Madan Lai v. National Insurance Co. Ltd. : 1983CriLJ1653 and has held that the owner of the vehicle and the Insurance Company are jointly and severally liable.3. But, the learned Counsel for the appellant argues that in the abo...
State Bank of India Officers' Association Educational Trust represente ...
Court: Chennai
Decided on: Apr-06-1992
Reported in: (1992)2MLJ500
Mishra, J.1. A learned single Judge of this Court has declined to grant leave to the plaintiffs-respondents to institute the suit under Section 92 of the Code of Civil Procedure. One of the respondents in the application, named as the defendant in the plaint, has preferred the appeal.2. Claiming inter alia that the first applicant-first respondent was a life member in the defendant trust and that he was closely associated with the management of the schools belonging to the trust as an executive member of the Parents-Teachers' Association and the second applicant-second' respondent too was in the Executive Committee of the Parents-Teachers' Association of the School, the applicants filed the application praying for leave to sue. According to them, this trust was started by the State Bank of India Officers' Association for the advancement of the education for the benefit of the public. When the trust was started, the subscribers to the Trust became the members of the trust by virtue of t...
V.K.P. Sethupathy Chettiar Vs. A. Chinna Veeran and anr.
Court: Chennai
Decided on: Apr-06-1992
Reported in: (1992)2MLJ630
ORDERSrinivasan, J.1. This revision petition is filed by the Court auction purchaser, who was obstructed when he tried to take delivery of possession pursuant to his purchase. The execution petition in W.P. No. 154 of 1984 was filed by the decree-holder. The petitioner herein filed E.A. No. 576 of 1985 for delivery of possession under Order 21, Rule 95, C.P.C. There was obstruction at the instance of the second respondent and E.A. No. 23 of 1986 was filed for removal of obstruction by the petitioner herein. The executing Court disposed of the petitions for delivery of possession and removal of obstruction together by a common order. Taking the view that the second respondent herein is a tenant under the judgment-debtor from about December, 1984 and that he is entitled to continue in possession as such, the court dismissed the petitions filed by the auction purchaser. Aggrieved by the said order the auction purchaser has preferred this revision petition. In the preamble of the memorandu...
Coatrex Vs. Assistant Collector of Central Excise and anr.
Court: Chennai
Decided on: Apr-03-1992
Reported in: 1993(41)ECC146
ORDERBakthavatsalam, J.1. The prayer in the writ petition is as follows:.to issue a writ of mandamus, or any other appropriate writ, order or direction in the nature ofa writ directing the respondents to refund the duty collected by the first respondent on the PVC rexin of the petitioner under tariff item 19(iii) of the first schedule to the Central Excises and Salt Tax (sic), 1944 and..2. The petitioner is manufacturing PVC rexin goods after obtaining L-4 licence under the Central Excises and Salt Act, 1944, in various designs and the said goods are sold in the market as rexin. It is alleged in the affidavit that the raw materials shown in para 4 of the affidavit filed in support of the writ petition with PVC compound is subjected to manufacture, that the percentage of cotton cloth is less than 15% in the end product, that the cotton cloth content will not vary, that the product manufactured by the petitioner is predominantly used for seat cover to buses, cars, motor-cycles, bi-cycles...
Nagapattinam Import and Export Corporation Vs. K. Lakshmi
Court: Chennai
Decided on: Apr-02-1992
Reported in: I(1993)ACC357; 1993ACJ61; [1992(65)FLR928]; (1993)ILLJ873Mad; (1992)IIMLJ348
1. Opposite party II in W.C. Application No. 37 of 1981 on the file of the Deputy Commissioner of Labour, Commissioner for Workmen's Compensation, Tiruchirapalli, has filed this civil miscellaneous appeal against the order in the said W.C. Application No. 37 of 1981 in which the Authority has fixed the compensation at Rs. 16,800 and directed that the said sum shall be deposited by the second opposite party within thirty days from the date of the order; 2. The facts leading to this appeal are : The respondent has filed W.C. Application no. 37 of 1981 under section 10 of the Workmen's Compensation Act, 1923, (herein-after referred to as 'the Act'), claiming compensation from the opposite parties for the fatal accident occurred to her husband Karuna Vijayan, arising out of and in the course of his employment on August 27, 1973, on the following grounds : She is the wife of Karuna Vijayan. He met with an accident on August 27, 1973 arising out of and in the course of his employment under ...
The Nagapattinam Import and Export Corporation Vs. K. Lakshmi
Court: Chennai
Decided on: Apr-02-1992
Reported in: (1992)2MLJ348
ORDERPratap Singh, J.1. Opposite Party II in W.C. Application No. 37 of 1981 on the file of the Deputy Commissioner of Labour Commissioner for Workmen's Compensation Tiruchirapalli, has filed this civil miscellaneous appeal against the order in the said W.C. Application No. 37 of 1981 in which the Authority has fixed the compensation at Rs. 16,800 and directed that the said sum shall be deposited by the second opposite party within thirty days from the date of the order:2. The facts leading to this appeal are:The respondent has filed W.C. Application No. 37 of 1981 under Section 10 of the Workmen's Compensation Act, 1923, (hereinafter referred to as 'the Act'), claiming compensation from the opposite parties for the fatal accident occurred to her husband Karuna Vijayan, arising out of and in the course of his employment on 27.8.1973, on the following grounds:She is the wife of Karuna Vijayan. He met with an accident on 27.8.1973 arising out of and in the course of his employment under ...
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