Chennai Court November 2016 Judgments
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V. Parthiban and Another Vs. Raja Mohamadu and Another
Court: Chennai Madurai
Decided on: Nov-25-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree dated 25.09.2014 in M.C.O.P.No.1429 of 2010, on the file of Motor Accident Claims Tribunal/ 1st Additional District Judge, Madurai.) 1. The appellants have filed the present C.M.A(MD)No.826 of 2015, challenging the award passed inMCOP.No.1429 of 2010, dated 25.09.2014, on the file of the Motor Accident Claims Tribunal/ 1st Additional District Judge, Madurai. 2. It is a case of fatal accident caused on 06.05.2010 around 17.15 hours Opposite to Anbu Hospital, near Kallikudi Chatram Bus Stop. The deceased was 8 years old boy and the parents of the deceased boy filed an application seeking compensation before the Motor Accident Claims Tribunal/ 1st Additional District Judge, Madurai in MCOP.No.1429 of 2010. Considering the facts and circumstances of the case, the Tribunal awarded Rs.3,00,000/- as total compensation. Not satisfied with the quantum of award granted by t...
Aranthangi Co-operative Town Bank Ltd. Vs. Mohammed Beevi and Another
Court: Chennai Madurai
Decided on: Nov-25-2016
(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908, against the Judgment dated 22.10.2013 in A.S.No.12 of 2013 on the file of the Principal District Judge, Pudukottai, reversing the judgment and decree in O.S.No.18 of 1999 dated 12.02.2010 on the file of the District Munsif Court, Aranthangi.) 1. The Plaintiff in the suit in O.S.No.18 of 1999 on the file of the District Munsif Court, Aranthangi, is the appellant in this Second Appeal. 2. The appellant filed a suit in O.S.No.18 of 1999 for declaration that the plaintiff Bank has a common right of way over the suit property for the free ingress and egress and for consequential innunction, restraining the respondents herein in any manner interfering with the right of way. 3. The case of the appellant as has been read from the plaint, are as follows: 3.1. The suit property has been classified as Zari Natham in the Government records and it belongs to one Murugaiah Pillai. The said Murugaiah Pillai purcha...
The Branch Manager, National Insurance Company Limited, Nagercoil, Kan ...
Court: Chennai Madurai
Decided on: Nov-25-2016
(Prayer:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree in M.C.O.P.No.162 of 2007, dated 22.02.2012, on the file of the Motor Accident Claims Tribunal, Subordinate Court, Kuzhithurai.) Judgment: 1. The appellant/National Insurnace Company has filed the present C.M.A(MD)No.1320 of 2014, challenging the award passed inMCOP.No.162 of 2007, dated 22.02.2012, on the file of the Motor Accident Claims Tribunal, Subordinate Court, Kuzhithurai. 2. It is a fatal case caused through an accident took place on 30.08.2006 around 11.00 p.m. opposite to Canara Bank, Marthandam. The heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Subordinate Court, Kuzhithurai in MCOP.No.162 of 2007. Considering the facts and circumstances of the case, the Tribunal awarded Rs.7,58,000/-. The amount claimed by the respondents 1 to 3/claimants was Rs.7,00,000/-. Challenging the same, the appellant...
The Divisional Manager, M/s. Oriental Insurance Company Limited, Tiruc ...
Court: Chennai Madurai
Decided on: Nov-25-2016
( Prayer:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and decree passed in M.C.O.P.No.341 of 2010 dated 29.11.2012, on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Tiruchirapalli.) Judgment: 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.1514 of 2013, challenging the award passed inMCOP.No.341 of 2010, dated 29.11.2012, on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Tiruchirapalli. 2. It is a case of fatal accident caused on account of the accident occurred on 23.07.2009 around 19.00 hours on the Trichy - Pudukottai Main Road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal-cum-I Additional District Judge, Tiruchirapalli in MCOP.No.341 of 2010. Considering the facts and circumstances of the case, the Tribunal awarded Rs.10,85,400/- as total compensation. Chall...
M/s. Oriental Insurance Company Ltd., Rep. by its Branch Manager Vs. T ...
Court: Chennai Madurai
Decided on: Nov-25-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the order of the Motor Accident Claims Tribunal cum Sub Court, Periakulam, made in M.C.O.P.No.38 of 2012, dated 04.02.2014 and allow the appeal with costs.) 1. The present Civil Miscellaneous Appeal has been filed to set aside the order passed in M.C.O.P.No.38 of 2012, dated 04.02.2014, on the file of the Motor Accident Claims Tribunalcum Sub Court, Periyakulam. 2. It is a case of an injury caused in an accident took place on 15.02.2011 around 7.50 p.m. near Saravana Stores Rice Shop on Theni-Periyakulam Road. The injured filed an application seeking compensation before the Motor Accident Claims Tribunal, Sub Court, Periyakulam. The Tribunal, by considering the facts and circumstances of the case awarded a sum of Rs.10,00,000/- as total compensation. 3. Challenging the same, the appellant Oriental Insurance Company preferred the present appeal, on the ground that the quantum of com...
Subramani Vs. Rukmani Ammal and Others
Court: Chennai
Decided on: Nov-25-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 06.09.2010 made in A.S.No.35 of 2010 on the file of Principal Sub Court, Erode, confirming the judgement and decree dated 11.01.2010 made in O.S.No.455 of 2008 on the file of the Principal District Munsif Court, Erode.) 1. Impugning the judgement and decreed dated 06.09.2010 made in A.S.No.35 of 2010 on the file of the Principal Sub Court, Erode, confirming the judgement and decree dated 11.01.2010 made in O.S.No.455 of 2008 on the file of the Principal District Munsif Court, Erode, the plaintiff has preferred this second appeal. 2. The suit has been laid for permanent injunction. 3. The case of the plaintiff, in brief, is as follows: The suit property was purchased by the plaintiff's father Songappa Gounder under the sale deed dated 06.08.1963 and after his death, the property is inherited by the plaintiff and the plaintiff has been enjoying the suit property absolutely. Th...
Shahul Hameed Vs. S. Sankar Ganesh and Others
Court: Chennai Madurai
Decided on: Nov-25-2016
(Prayer: The Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 04.12.2015 made in W.P.(MD) No.21423 of 2015.) Judgment: M.Sathyanarayanan, J. 1. By consent, this Writ Appeal is taken up for final disposal. 2. Mr.Shahul Hameed, S/o. Kayas Mohamed, District President, Popular Front of India, No.142, North Veli Street, Second Floor, Madurai -1, had filed C.M.P.(MD) No.1301 of 2016 in W.A.(MD) SR No.966 of 2016, praying for leave of this Court to file Writ Appeal against the order of this Court in W.P.(MD) No.21423 of 2015 and it was ordered on 24.02.2016 and thereafter, the Writ Appeal was numbered and listed for admission. 3. The appellant in the affidavit filed in support of the petition in C.M.P.(MD) No.10716 of 2016, for stay would aver among other things that their organisation, namely, Popular Front of India is a Neo-Social Movement that strives for the total empowerment of the backward, oppressed and marginalized section of the society and it is a p...
The Manager, M/s. National Insurance Co. Ltd., New Delhi Vs. C. Lakshm ...
Court: Chennai Madurai
Decided on: Nov-25-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the Judgment and Decree dated 26.02.2013 passed in M.C.O.P.No.218 of 2011, on the file of the Motor Accident Claims Tribunal/District Judge, Karur.) The appellant/National Insurance Company has filed the present C.M.A(MD)No.912 of 2015, challenging the award passed inMCOP.No.218 of 2011, dated 26.02.2013, on the file of the Motor Accident Claims Tribunal/District Judge, Karur. 2. It is a case of a death occurred on account of an accident took place on 09.04.2011 around 8.30 p.m. in Karur to Kovai NH-67 Main Road. The legal heir/mother of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal/District Judge, Karur in MCOP.No.218 of 2011. Considering the facts and circumstances of the case, the Tribunal awarded Rs.6,92,750/- as total compensation. Challenging the same, the appellant/National Insurance Company has preferred the appeal on the g...
The General Manager, The Oriental Insurance Co. Ltd., Thiruchirappalli ...
Court: Chennai Madurai
Decided on: Nov-25-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P.No.450 of 2006, dated 27.09.2012, on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Thiruchirappalli.) 1. It is a case of an injury caused on account of an accident took place on 04.07.2005 around 9.30 p.m. near Trichy-Thanjavur main road. The injured victim sustained grievous injuries and he filed an application seeking compensation before the Tribunal, Trichy and the Tribunal by considering the facts and circumstances, awarded a sum of Rs.84,000/- as total compensation. 2. Challenging the same, the appellant preferred the present appeal on the ground that there are in-consistencies both in the medical report as well as the deposition of the doctor, who examined before the Tribunal. 3. Heard the learned counsels on both side and the learned counsel appearing for the first respondent and perused the materials avail...
The Managing Director, TNSTC (VPM Divn-III) Ltd., Vs. Lakshmi and Othe ...
Court: Chennai
Decided on: Nov-25-2016
(Prayer: Memorandum of Grounds of Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 19.3.2014 made in M.C.O.P.No.1161 of 2012 passed by the Motor Accident Claims Tribunal, III Additional District Judge, Tiruvallur at Poonamallee.) 1. Aggrieved by the impugned award passed by the Motor Accident Claims Tribunal, III Additional District Judge, Tiruvallur at Poonamallee in M.C.O.P.No.1161 of 2012 dated 19.3.2014 awarding a sum of Rs.8,86,000/-, the Transport Corporation has filed C.M.A.No.1685 of 2016 questioning the negligence and quantum and the Claimants have filed Cross Objection No.73 of 2016 seeking enhancement of compensation. For convenience, the parties will be hereinafter referred to as the Transport Corporation and the Claimants in this order. 2. Mr.P.Paramasiva Doss, learned counsel for the Transport Corporation submitted that the share auto driver, aged about 32 years, while driving the vehicle bearing Registration ...
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