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Chennai Court September 2013 Judgments

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Sep 16 2013

Mythili Priya Vs. Saminathan

Court: Chennai

Decided on: Sep-16-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :16. 09.2013 CORAM : THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr.JUSTICE R.SUBBIAH Civil Miscellaneous Appeal Nos.3729 of 2010, 1798 and 3205 of 2011 C.M.A.No.3729 of 2010 1.Mythili Priya 2.Minor Prathima 3.Minor Lavitharan Minors are rep. by their natural guardian-mother Muthili Priya. 4.Ayyasamy 5.Shanthi ... Appellants. vs. 1.Saminathan 2.The Managing Director, Tamil Nadu State Transport Corporation Ltd., No.37, Mettupalayam Road, Coimbatore Division, Coimbatore. 3.Ramakrishnan 4.Sakthivel 5.The Branch Manager, M/s.The New India Assurance Co. Ltd., 11-19-20, Government Arts College Road, Coimbatore. ... Respondents. C.M.A.No.1798 of 2011: Managing Director, Tamil Nadu State Transport Corporation Ltd., Coimbatore Division, No.37, Mettupalayam Road, Coimbatore. ... Appellant. vs. 1.Mythili Priya 2.Minor Prathimaenaka 3.Minor Lavitharan Minors rep. by mother and guardian Mythili Priya 4.Ayyasamy 5.Shanthi 6.Saminathan 7.R...


Sep 16 2013

The National Insurance Co. Ltd. Vs. Suseela

Court: Chennai

Decided on: Sep-16-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :16. 09.2013 CORAM : THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr.JUSTICE R.SUBBIAH Civil Miscellaneous Appeal Nos.189 of 2012 M/s.The National Insurance Co. Ltd., Branch Office, No.614, Mettur Main Road, Karthikeya Complex, Bhavani-638 302. Erode District. ... Appellant. vs. 1.Suseela 2.M.Boopathi 3.M.Chinnadurai 4.Minor Ruba (Rep. by 1st Respondent-Suseela) 5.P.Palanisamy ... Respondents. Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Order dated 29.4.2011 made in M.C.O.P.No.276 of 2008 on the file of Motor Accident Claims Tribunal [Subordinate Judge]., Sankari at Salem. For Appellant : Mr.J.Chandran For Respondent : Mr.S.Kalyanaraman No.1 to 4 5th Respondent : No Appearance JUDGMENT (Judgment of the Court was made by R.BANUMATHI,J) Being aggrieved by 90% negligence and liability fastened upon the bus bearing registration No.TN-36 L7679insured with Appellant-Insurance C...


Sep 16 2013

Ran India Steels Vs. Regional Director of Employee State Insurance Cor ...

Court: Chennai

Decided on: Sep-16-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:16. 09.2013 CORAM THE HONOURABLE MR. JUSTICE P.R. SHIVAKUMAR C.M.A.Nos.659 to 662 of 2013 M/s. Ran India Steels, Rep. By its Executive Director, R.Nagarajan, No.5, C.H.B. Colony West Velur Road, Tiruchengode Taluk, Namakkal District. ... Appellant in all C.M.As. .. Vs ..1. Regional Director, Employee State Insurance Corporation, No.143, Sterling Road, Nungambakkam, Chennai 34.2. The Joint Director, Sub Regional Office, Employee State Insurance Corporation, 2nd & 3rd Floor, Theerthamalai Vaniga Valagam, No.9/57, Three Road, Salem. ... Respondents in all C.M.As. Prayer in C.M.A.No.659/2013: Civil Miscellaneous Appeal preferred under Section 82 of Employees' State Insurance Act, 1948, against the Order and Decreetal Order dated 20.07.2011 passed by the learned Principal District Judge, Namakkal, in E.S.I.O.P.No.52 of 2008. Prayer in C.M.A.No.660/2013: Civil Miscellaneous Appeal preferred under Section 82 of Employees' State Insurance Ac...


Sep 16 2013

R.Bharanidharan Vs. K.Duraisamy

Court: Chennai

Decided on: Sep-16-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.09.2013 CORAM THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A.No.3197 of 2009 R.Bharanidharan .Appellant vs 1.K.Duraisamy 2.A.Gurusamy 3.The New India Assurance Co.Ltd., 45, Moore Street, Chennai-600 001.Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act, 1988, against the order dated 24.11.2008, passed by the II Judge, Small Causes Court, Chennai, passed in M.A.C.T.O.P.No.2207 of 2005. For Appellant : Mr.S.Suriyaprakash For Respondents: Mr.K.S.Narasimhan (for R3) R1 & R2 - Exparte JUDGMENT The claimant stated that on 09.10.2003, at about 2.00 p.m., when he was travelling as a pillion rider on a motorcycle bearing Registration No.TN-09-V-6726, on the Thuraipakkam Main road, the 1st respondent's lorry bearing Registration No.TN-27-T-6273, coming in the opposite direction and driven by its driver in a negligent manner, had dashed against the motorcycle. As a result, he had sustained injuries. Hence, he h...


Sep 16 2013

Oriental Insurance Co. Ltd. Vs. M.Ravi Adaikalavan

Court: Chennai

Decided on: Sep-16-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :16. 09.2013 CORAM THE HONOURABLE MRS. JUSTICE R.BANUMATHI AND THE HONOURABLE MR. JUSTICE R.SUBBIAH C.M.A.No.360 of 2010 and Cross Objection No.74 of 2012 and M.P.No.1 of 2010 in C.M.A.No.360 of 2010 C.M.A.No.360 of 2010: -------------------- M/s.Oriental Insurance Co. Ltd., Namakkal .. Appellant vs. 1.M.Ravi Adaikalavan, a person of unsound mind, rep. by his next friend and guardian wife R.A.Deivanai. 2.R.Sivakumar 3.N.Murugesan .. Respondents Cross Objection No.74 of 2010: ----------------------------- M.Ravi Adaikalavan, a person of unsound mind, rep. by his next friend and guardian wife R.A.Deivanai. .. Cross Objector Vs 1.M/s.Oriental Insurance Co. Ltd., Namakkal. 2.R.Sivakumar 3.N.Murugesan .. Respondents Appeal and Cross Objection have been filed against the judgment and decree dated 26.6.2006 made in M.C.O.P.No.669 of 2001 on the file of Motor Accidents Claims Tribunal (II Additional Subordinate Judge), Coimbatore. CMA No.360 of 2...


Sep 16 2013

Maruthi Gem Exports Vs. State of Tamilnadu

Court: Chennai

Decided on: Sep-16-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :16. 09.2013 CORAM: THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.2407 of 2009 and M.P.Nos.1 and 2 of 2009 Maruthi Gem Exports 14/8, ".Senthil Vel Complex"., Mettur Main Road, Erode 638 001 A Registered Partnership Firm Rep. By its Managing Partner P.Lakshmanan ... Petitioner vs. 1.State of Tamilnadu, Rep. By its Secretary to Government, Industries Department, Fort St.George, Chennai 600 009. 2.The Deputy Director, Department of Mining and Geology, Salem. 3.The Director, Department of Mining and Geology, Guindy, Chennai 600 032. 4.The District Collector, Salem District, Salem. ... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus, calling for the records pertaining to NK No.728/2008/Minerals dated 25.09.2008 issued by the 2nd respondent quash the same and direct the respondent to grant licence for S.No.276/5 and S.No.285/8, Periyasoora...


Sep 16 2013

S.Suresh Vs. Chief Secretary to the Government of Tamil Nadu

Court: Chennai

Decided on: Sep-16-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :16. 09.2013 CORAM: THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.8083 of 2009 S.Suresh ... Petitioner vs. 1.The Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai -9. 2.The Collector, Kancheepuram District, Kancheepuram. 3.The Executive Engineer, Tamilnadu Electricity Board, Kancheepuram District, Kancheepuram. ... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus, directing the respondents jointly and severally to pay the sum of Rs.5,00,000/- as compensation for the death of the minor Sugumar the son of the petitioner due to the electrocution taken place on 25.12.2008. For Petitioner : Mr.V.Manohar For Respondents : Mr.K.V.Dhanapalan, AGP for R1 and R2 Mr.P.Gunaraj for R3 ORDER One minor Sugugmar, aged about 10 years, died on 25.12.2008 due to electrocution. The petitioner herein is the father of minor Sugumar.2. On 25.12.2008, during Christmas ...


Sep 16 2013

New India Assurance Company Limited Vs. Palani

Court: Chennai

Decided on: Sep-16-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:16. 09 /2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.1087 of 2006 New India Assurance Company Limited, Karur. ... Appellant Vs. 1.Palani 2.Muthuswamy 3.M/s.Sekar Cements, 88, Vyapuri Nagar, 1st Street, Karur. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the award and decree dated 05.09.2005 passed in M.C.O.P.No.752 of 2001 by the Motor Accidents Claims Tribunal cum Additional District Court, Fast Track Court-V, Coimbatore at Tirupur. For Appellant : Mr.J.Michael Visuvasam For Respondents : Mr.R.Subramanian for R-1 R-2 and R-3 (Exparte) - - - JUDGMENT The appellant / third respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.752 of 2001, on the file of Motor Accidents Claims Tribunal cum Additional District Court, Fast Track Court-V, Coimbatore at Tirupur.2. The short facts of the case are as follows:- The petitioner ...


Sep 16 2013

P.S.Ramasamy Vs. N.Perumal

Court: Chennai

Decided on: Sep-16-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:16. 09.2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.No.2554 of 2009 P.S.Ramasamy ... Appellant Vs. 1.N.Perumal 2.P.N.Ravikumar 3.The Branch Manager The National Insurance Company Ltd., 403, Mettur Road, Bhavani, Erode Dt., ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 15.06.2009, made in M.C.O.P.No.90 of 2006, on the file of the Chief Judicial Magistrate Court, Motor Accident Claims Tribunal, Erode. For Appellant : Mr.N.Manoharan For Respondents : Mrs.B.Surekha for R3 R1 & R2 - Ex parte - - - JUDGMENT The appellant / claimant has preferred the present appeal against the judgment and decree dated 15.06.2009, made in M.C.O.P.No.90 of 2006, on the file of the Chief Judicial Magistrate Court, Motor Accident Claims Tribunal, Erode.2. The short facts of the case are as follows:- On 08.01.2005, at about 08.30 p.m., when the claiman...


Sep 16 2013

National Insurance Company Limited Vs. Deivathal

Court: Chennai

Decided on: Sep-16-2013

In the High Court of Judicature at Madras Dated : 16.09.2013 Coram The Honourable Mrs.Justice R.BANUMATHI and The Honourable Mr.Justice R.SUBBIAH C.M.A.No.1117 of 2010 and M.P.No.1 of 2010 National Insurance Company Limited, K.R.D.Building, 33, Promanade Road, Contonment, Trichy .Appellant ..vs.1.Deivathal 2.D.Eswaramoorthy 3.D.Rackiappaswamy 4.Pappathal 5.Ponnuswamy Gounder .Respondents Civil Miscellaneous Appeals filed under section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 12.08.2009 passed in M.A.C.T.O.P.No.261 of 2003 on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Dharapuram. For Appellant : Mr.M.L.Ramesh for M/s.N.B.Surekha For Respondents : Mr.G.Arulmurugan JUDGMENT (Judgment of the Court was delivered by R.SUBBIAH, J.,) The present appeal has been filed by the Insurance Company challenging the quantum of compensation awarded by the Tribunal, in and by an award dated 12.08.2009 made in M.A.C.T.O.P.No.261 of 2003 on the file of...


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