Chennai Court April 1999 Judgments
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New India Assurance Co. Ltd. Vs. M. Sivagurunathan Pillai and ors.
Court: Chennai
Decided on: Apr-07-1999
Reported in: 2000ACJ1238; (1999)3MLJ683
P. Sathasivam, J. 1. Respondent No. 2 insurance company in M.C.O.P. No. 33 of 1990 on the file of Motor Accidents Claims Tribunal, Tirunelveli is the appellant in the above appeal. Respondent Nos. 1 and 2 herein filed the said claim petition claiming a sum of Rs. 1,00,000 as compensation for the death of one S. Kumar in a motor vehicle accident which took place on 18.2.89. The Tribunal after considering the oral and documentary evidence, passed an award for Rs. 45,000 in favour of the claimants and directed the owner and insurer to pay the same.2. Heard the learned counsel for the appellant as well as respondent Nos. 1 and 2.3. Mr. R. Vedantham, learned counsel appearing for the appellant insurance company after taking me through Exh. B-1 insurance policy, Exh. B-2 schedule of rates as well as the oral evidence of RW 1, an officer of the insurance company would contend that its liability is restricted up to Rs. 15,000, accordingly the award directing the insurance company to pay Rs. 45...
M. Sabit Banu and ors. Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Apr-07-1999
Reported in: (1999)2MLJ681
ORDERS.S. Subramani, J.1. The facts are similar and the relief sought for in both the petitions is also similar and therefore these writ petitions are disposed of by this common order.2. We need only narrate the facts in W.P. 1634 of 1995. Petitioner therein was appointed as steno-typist temporarily and he was subsequently regularised. According to him. District Judge, Ramanathapuram prepared a seniority list consisting of persons working as Steno-typist and Junior Assistants and petitioners names finds a place as 19 and 23 respectively. First petitioner therein was promoted as Assistant and he joined duty on 27.8.1992 in the District Court, Kamarajar District at Srivilliputhur. Thereafter, he was transferred to Sub Court, Srivilliputhur where he was working as Assistant with effect from 31.12.1993. Second petitioner was promoted as Assistant in 1992 and she joined duty in Chief Judicial Magistrate's Court, Srivilliputhur.3. The reason for filing the writ petition is that on 30.1.1995,...
C.A. Appadurai Vs. the Chief Judicial Magistrate and ors.
Court: Chennai
Decided on: Apr-07-1999
Reported in: (1999)3MLJ64
ORDERV. Kanagaraj, J.1. The above writ petition has been filed by the writ petitioner herein praying to issue a writ of certiorarified mandamus or any other appropriate writ, order or direction in the nature of a writ, calling for the records relating to the order of the 1st respondent made in his Roc.4/90-A, dated 13.6.1991 as confirmed by the 3rd respondent in his Order Roc. No. 9969/91/C1, dated 11.12.1992 and quash the same and direct the respondents herein to give all benefits which the petitioner has suffered on the basis of the order of the 1st respondent dated 13.6. 1991 and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case.2. The petitioner's case is that he was appointed as steno-typist in the Madras Presidency Magistrate's Court, Egmore on 21.7.1969; that he graduated in B.A, in 1972 and thereafter LL.B. in 1982, that in the meantime, he got transferred to Kanyakumari District in 1972 and was also promoted as ...
K. Boopalan Vs. the Registrar, High Court of Judicature and anr.
Court: Chennai
Decided on: Apr-07-1999
Reported in: (1999)3MLJ503
ORDER1. Petitioner seeks issuance of writ of certiorarified mandamus calling for the records of respondents and quash the impugned order of first respondent in Roc.111/94/C1, dated 9.3.1995 and consequently direct respondents to classify the petitioner as Special Grade Process Server in the last grade servants in the Tamil Nadu Judicial Subordinate Service with immediate effect, and pass such other orders as the court may deem fit and proper.2. Petitioner was appointed as temporary Masalch on 22.7.1968 and he was regularised as office Assistant on 4.9.1969. On 7.3.1970, Petitioner was appointed as Process Server in District Court, Thanjavur and after completion of his probation, he was also regularised as Process Server on 6.10.1970.3. Departmental proceedings were initiated against petitioner and District Munsif, Mannargudi after holding the enquiry dismissed petitioner from service. Against the said order, petitioner filed an appeal before District Judge, Tanjore. The appeal was allo...
M/S. New India Assurance Company Ltd., Madras-2 Vs. R.K. Geetha and An ...
Court: Chennai
Decided on: Apr-06-1999
Reported in: 2000ACJ704; 1999(1)CTC752; (1999)IIMLJ695
ORDER1. Aggrieved by the Award of the Motor Accident Claims Tribunal, Madras, in M.A.C.T.O.P.No. 1641 of 1986, New India Assurance Company Limited, Madras-2, has filed the above appeal questioning its liability.2. First respondent herein/claimant therein filed the said claim application, claiming a sum of Rs.2 lakhs for the injuries sustained by her in an accident which took place on 26.4.1986 at about 2.45 p.m. After considering the oral and documentary evidence and after holding that the accident was caused due to the negligence of the driver of the first respondent therein and after finding that the Insurance Company is liable to indemnify the owner, passed an award of Rs. 1,67,750 in favour of the petitioner and directed the insured as well as the insurer to pay the same. Aggrieved by the said award, the Insurance Company alone has filed the present appeal questioning its liability.3. Heard the learned counsel for the appellant as well as first respondent.4. Mr.K.S. Narasimhan, lea...
National Insurance Co. Ltd. Vs. V. Boopathi Alias Venkatachalapathy an ...
Court: Chennai
Decided on: Apr-06-1999
Reported in: 2000ACJ1071
P. Sathasivam, J.1. Aggrieved by the award of the Motor Accidents Claims Tribunal (Principal Sub Judge), Erode, in M.C.O.P. No. 230 of 1988, National Insurance Co. Ltd. has filed the above appeal questioning its liability.2. Respondent No. 1 herein has filed the said claim petition claiming a sum of Rs. 4,00,000 for the permanent disability sustained due to the accident which took place on 15.2.1988. The respondent No. 2 herein is the driver of the offending lorry bearing registration No. TNE 9769 and respondent No. 3 herein is the owner of the same. After considering the oral and documentary evidence, the Tribunal after holding that the accident was caused due to the negligence of the driver of the lorry, passed an award for Rs. 4,00,000 against all the 3 respondents therein jointly and severally. The driver and owner of the lorry did not contest the claim petition. The insurer alone has filed the present appeal questioning its liability.3. In the light of the limited issue, it is unn...
United India Insurance Co. Ltd. Vs. Parvathi Devi and ors.
Court: Chennai
Decided on: Apr-06-1999
Reported in: I(2000)ACC75; 1999ACJ1520
N.K. Jain, Actg. C.J.1. This reference has been referred to this Bench by a Division Bench of this Court by judgment dated 17.7.1992 made in C.M.A. No. 1036 of 1990. The question referred to this Bench is as follows:Whether the expression 'public place' for the purpose of Chapter VIII of the Motor Vehicles Act, 1939 will cover all places including those of private ownership where members of the public have an access whether free or controlled in any manner whatsoever?orWhether it will cover only places where any member of the public would have access as of right to those places, whether public or private?2. The facts leading to the order of reference are as follows:An award of compensation for the death of Devasundaram, a mazdoor in Madras Harbour, occurred in the motor accident which took place on 24.1.1987, was passed by Motor Accidents Claims Tribunal against the appellant insurance company and respondent No. 5 owner of the lorry. Considering the oral and documentary evidence and on...
Esanya Madalayam Religious Institution Owned by Koviloor Muthuramaling ...
Court: Chennai
Decided on: Apr-06-1999
Reported in: (1999)2MLJ360
ORDERE. Padmanabhan, J.1. These two revisions have been preferred against the fair and decretal order respectively passed in I.A.No. 513 of 1998 in O.S.No. 160 of 1997 and I.A.No. 542 of 1998 in O.S.No. 136 of 1997 on the file of the Additional District Munsif Court-I at Thiruvannamalai. By the said order, the court below rejected the application filed under Order 23, Rule 1 and of C.P.C. to withdraw the suit with liberty to file a fresh suit on the same cause of action.2. Heard Mr. R. Krishnamurthy, learned senior counsel appearing for the revision petitioner and Mr. Sekar appearing for the respondent caveator. The revision petitioner initially filed the suit O.S.No. 136 of 1997 against the respondent herein. Closely following the earlier suit O.S.No. 136 of 1997, the revision petitioner also filed another suit O.S.No. 160 of 1997 seeking identical relief of permanent injunction. The applications for temporary ad interim injunction have been dismissed after contest.3. Thereafter, I.A....
New India Assurance Company Ltd. Vs. R.K. Geetha and anr.
Court: Chennai
Decided on: Apr-06-1999
Reported in: (1999)2MLJ695
P. Sathasivam, J.1. Aggrieved by the Award of the Motor Accident Claims Tribunal, Madras, in M.A.C.T.O.P. No. 1641 of 1986, New India Assurance Company Limited, Madras-2, has filed the above appeal questioning its liability.2. First respondent herein/claimant therein filed the said claim application, claiming a sum of Rs. 2 lakhs for the injuries sustained by her in an accident which took place on 26.4.1986 at about 2.45 p.m. After considering the oral and documentary evidence and after holding that the accident was caused due to the negligence of the driver of the first respondent therein and after finding that the Insurance Company is liable to indemnify the owner, passed an award of Rs. 1,67,750 in favour of the petitioner and directed the insured as well as the insurer to pay the same. Aggrieved by the said award, the Insurance Company alone has filed the present appeal questioning its liability.3. Heard the learned Counsel for the appellant as well as first respondent.4. Mr. K.S. ...
M.P. Christober and ors. Vs. M. Fabian and ors.
Court: Chennai
Decided on: Apr-06-1999
Reported in: (1999)3MLJ256
S.S. Subramani, J.1. Defendants in O.S.No. 49 of 1984 on the file of Subordinate Judge, Padmanabapuram are the appellants herein.2. Parties will be referred to in accordance with their rank in the suit in the lower court.3. Plaintiffs, who are respondents herein filed the suit for declaration of title and recovery of possession of two items of properties more specifically described in the schedule to the plaint. Item No. l originally belonged to one Padmanabha Pillai and Manoharan Nair. They sold the property in favour of Maria Michaelal mother of plaintiffs by two separate sale deeds dated 27.9.1960. and 12.1.1961. They are Exs.A-1 and A-2 respectively. Item No. 2 belonged to Sabarimuthu Nadar and Dominic, who are brothers of Maria Michaelal. They gifted the plaint items to their sister Maria Michaelal as per two gift deeds dated 9.6.1975 and 11.6.1975 They are Exs.A-4 and A-4 respectively. Maria Michaelal died in the year 1976. At the time of her death, she had left behind the plaint...
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