Chennai Court November 2016 Judgments
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R. Shanmugam Vs. The Union of India Rep By The Secretary Department of ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to conduct enquiry under section 9-A of the explosives act consequently direct the respondents 1 2 4 5 7 and 8 to pay compensation of Rs.30 00 000/- to the persons who lost their life in the accident happened Dhanalakshmi fire works Rs.15 00 000/- to the persons who lost their expenses incurred by them and Rs. 10 00 000/- to the persons who sustained simple injury in the accident.) Order: S. Nagamuthu,J. 1. This writ petition has been filed seeking a direction to the respondents to pay the compensation to the legal heirs of the victims, who lost their lives in the explosives factory at Olugacheri Village in Thanjavur District. 2. Earlier, when the writ petition came up for hearing before this Court on 26.10.2016, we passed the following order: This writ petition has been filed seeking compensation to the tune of Rs.30 lakhs per head to the fami...
Antil Pappa Vs. The Government of Tamil Nadu, represented by the Distr ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to forbear from constructing the building for the Village Office for the Midalam-a Village Vilavancode Taluk Kanyakumari District in Re-Survey Nos.411/2 and 411/5 of Midalam Village of the said Taluk and District and to construct the same in Re-Survey No.308/6 of the said Midalam Village.) 1. The petitioner has come up with this writ petition seeking for the issuance of a writ of mandamus to forbear the respondents from constructing a building for the village office for the Midalam-A village, Vilavancode Taluk, Kanyakumari District in Re-survey Nos.411/2 and 411/5 of Midalam Village of the said Taluk and District and to construct the same in Re-survey No.308/6 of the said Midalam Village. 2. Heard Mr.K.N.Thampi, learned counsel appearing for the petitioner and Mr.R.Anandaraj, learned Government Advocate appearing for the respondents. 3. The case o...
Jamuna and Others Vs. Rajkumar and Others
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Petition filed under Section 24 of Civil Procedure Code to withdraw H.M.O.P.No.187 of 2016, on the file of the Sub-Judge, Karur and transfer the same to the file of the Family Court, Trichy to be tried along with M.C.No.118 of 2015.) 1. The present petition is filed seeking to withdraw H.M.O.P.No.187 of 2016, on the file f the Sub-Judge, Karur and transfer the same to the file of the Family Court, Trichy to be tried along with M.C.No.118 of 2015. 2. The marriage between the petitioner and respondent was solemnized on 13.09.2007 as per Hindu Rites and Customs. Due to the strained relationship between the parties, the petitioner was forced to leave the matrimonial home and now, she is living with her parents. 3. The contention of the petitioner is that out of wedlock, two male children were born and now they are school going and therefore, the petitioner has to look after the children and unable to travel to Karur to defend the case of restitution of conjugal rights filed by the...
Selvamathy and Others Vs. Ramachandran(died) and Others
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 passed in I.A.No.42 of 2016 in O.S.No.155 of 2010, dated 30.3.2016 on the file of the Subordinate Court, Devakkottai.) 1. This revision has been filed seeking for a direction to to set aside the order passed in I.A.No.42 of 2016 in O.S.No.155 of 2010, dated 30.3.2016 on the file of the Subordinate Court, Devakkottai. 2. The facts of the case as follows: The respondents herein filed a suit in O.S.No.155 of 2010 against the revision petitioners herein for mortgage. In the aforesaid suit, the Petitioners have filed an application in I.A.No.42 of 2016 under Order 11 Rule 16 C.P.C to direct the respondents/plaintiffs to furnish the following documents: 1. Passport of the 5th Plaintifff Lakshmanan 2. Bank Account Statement of 5th Plaintiff Lakshmanan for the period from 2000 to 2011. 3. Passport of 6th Plaintiff Muthukumar. 4. Bank Account Statement of 6th Plaintif...
The United India Insurance Company Ltd., through its Divisional Manger ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 02.03.2010 passed in M.A.C.O.P.No.243 of 2006, on the file of the Motor Accident Claims Tribunal, Principal Sub Court, Madurai.) Common Judgment: C.M.A.(MD)NOs.2002 to 2005 of 2013 and 1298 of 2013 1. It is a case of an injury caused in an accident took place on 27.06.2005 near Nakkalpatti towards Theni to Madurai main road. The inured claimants filed applications seeking compensation before the Motor Accident Claims Tribunal, Madurai and the Tribunal, considering the facts and circumstances of the case, awarded compensation to the respective claimants. 2. Aggrieved by the award, the appellant United India Insurance Company Ltd., preferred these appeals solely on the ground that the Insurance Company issued Act only policy and not a package policy. As per Act only policy conditions, the occupants in a private vehicle are not entitled to any compensation. In ...
V. Jeyaprakash and Others Vs. V.M.S. Mohammed Ibrahim and Another
Court: Chennai Madurai
Decided on: Nov-28-2016
(Common Prayer: Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and decree dated 12.08.2010 in M.C.O.P.Nos.1031, 1032, 1036 and 1037 of 2005 respectively, on the file of the Motor Accident Claims Tribunal/3rd Additional Sub Court, Tiruchirappalli.) Common Judgment 1. The appellants/claimants have filed the C.M.A(MD)Nos.740 to 743 of 2014, challenging the award passed inM.C.O.P.Nos.1031, 1032, 1036 and 1037 of 2005 respectively, dated 12.08.2010, on the file of the Motor Accident Claims Tribunal/3rd Additional Sub Court, Tiruchirappalli. 2. CMA(MD)No.740 of 2014 - It is a case of an injuriy caused on account of the accident took place on 17.12.2004 around 6.30 am near Mullipadi, Maratchi Reddipatti Branch Road. The injured victim filed an application seeking compensation before the Tribunal. Considering the facts and circumstances of the case, the Motor Accident Claims Tribunal/3rd Additional Sub Court, Tiruchirappalli in MCOP.No...
N. Prabu Vs. R. Arul and Another
Court: Chennai
Decided on: Nov-28-2016
(Prayer: This appeal is filed under Section 30 of Employee's Compensation Act, 1923, against the judgment dated 06.05.2015, made in E.C.No.424 of 2007, on the file of the Commissioner for Employee Compensation (Deputy Commissioner of Labour 2) Teynampet, Chennai 1.) 1. Aggrieved by the judgment of the Commissioner for Employee Compensation (Deputy Commissioner of Labour 2), Teynampet, Chennai, made in E.C.No.424 of 2007, dated 06.05.2015, in not awarding interest, the appellant herein has filed the present appeal. 2. The only question that needs to be answered in this appeal is whether the appellant is entitled for interest after 30 days from the date of accident or from the date of the order passed by the Deputy Commission of Labour? In a similar situation, in a judgment dated 03.11.2016, made in CMA.Nos.35 and 128 of 2014, I have held thus at paragraph Nos.6 to 8: 6. In the light of the well settled legal position, it is made clear that the interest on the compensation amount would a...
The Branch Manager, M/s.United India Insurance Company Limited, Myladu ...
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 26.03.2015 made in MCOP.No.643 of 2012 on the file of the Motor Accident Claims Tribunal, Principal District Sub Court, Pudukottai.) 1. It is the case of injury caused on account of the accident took place on 19.05.2012 around 07.00 p.m on Myladuthurai main road. The injured claimant filed an application seeking compensation before the Motor Accident Claims Tribunal, Principal District Sub Court, Pudukottai, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.5,17,280/-, as total compensation with interest at 7.5% per annum. The appellant insurance company preferred this appeal, on the ground that it is Act only policy and therefore, the Tribunal has committed an error by fixing the liability on the part of the appellant insurance company, instead of fixing liability on the owner of the vehicle. 2. In fact, the policy was marked as Ex.P10, by the cla...
Mukkulathor Kalvi Kuzhu, Thiruverumbur, Koothappar, Trichy Vs. The Reg ...
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 fair and decretal order made in C.M.A.No.95 of 2001, dated 13.8.2013 on the file of the II Additional District Judge, Tiruchirappalli.) 1. The learned counsel for the Petitioner 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, with liberty to the Petitioner to challenge the order dated 20.3.2001, if so advised, within a period of two weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are dismissed. No costs....
The Manager, National Insurance Company Limited, Branch Office, Dindig ...
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 dated 06.08.2010 made in M.C.O.P.No.181 of 2007 on the file of the Motor Accident Claims Tribunal/District Judge/Karur. Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 06.08.2010 made in M.C.O.P.No.182 of 2007 on the file of the Motor Accident Claims Tribunal/District Judge/Karur. Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 06.08.2010 made in M.C.O.P.No.189 of 2007 on the file of the Motor Accident Claims Tribunal/District Judge/Karur. Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 06.08.2010 made in M.C.O.P.No.190 of 2007 on the file of the Motor Accident Claims Tribunal/District Judge/Karur. Prayer: Civil Miscellan...
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