Chennai Court November 2016 Judgments
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Alagumayil and Others Vs. M/s. Tamil Nadu State Transport Corporation ...
Court: Chennai Madurai
Decided on: Nov-25-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to modify the judgment and decree, dated 24.12.2010, made in M.C.O.P.No.1458 of 2005, on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Thiruchirappalli.) 1. This Civil Miscellaneous Appeal has been filed to set aside the judgment and decree, dated 24.12.2010, made in M.C.O.P.No.1458 of 2005, on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Thiruchirappalli. 2. It is an unfortunate case of fatal accident took place on 28.07.2008, near Ariyamangalam Alangar Theatre Bridge, on Trichy and Thanjavur Main Road. The legal heirs of the deceased filed a claim petition in MCOP.No.1458 of 2005, before the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Thiruchirappalli and the Tribunal by considering the facts and circumstances awarded a sum of Rs.6,50,000 as total compensation. Having not satisfied with the quantum of compensation, the ap...
G. Boopathi Vs. Chandrakanthi and Another
Court: Chennai
Decided on: Nov-24-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 16.08.2010 passed in A.S.No.9 of 2010 on the file of the Sub Court, Gobichettipalayam confirming the judgment and decree dated 12.01.2010 passed in O.S.No.174 of 2003 before the District Munsif Court, Gobichettipalayam.) 1. Challenge in this second appeal is made by the plaintiff against the judgement and decree dated 16.08.2010 passed in A.S.No.9 of 2010 on the file of the Subordinate Court, Gobichettipalayam confirming the judgment and decreed dated 12.01.2010 passed in O.S.No.174 of 2003 on the file of the District Munsif Court, Gobichettipalayam. 2. The suit has been laid for permanent injunction. 3. The case of the plaintiff, in brief, is as follows: The first item of the suit properties belongs to the plaintiff's paternal uncle Sivalingaiah under the partition deed dated 15.07.1992. The second item of the suit properties belongs to the first defendant under the settlem...
M/s. New India Assurance Co. Ltd., Trichirappalli Vs. S. Andal and Oth ...
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 27.08.2007 made in MCOP.No.1282 of 2003 on the file of the Motor Accident Claims Tribunal, Principal Sub Judge, Trichirapalli.) It is the case of unfortunate fatal accident took place on 19.08.2002 around 21.00 hours on Tiruchi-Karur Road near Samuthuva Burning Ghat, Lalapettai. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Principal Sub Judge, Trichirapalli, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.5,53,100/- as total compensation with interest at 7.5% per annum. Challenging the award, the appellant insurance company preferred this appeal, on the ground that the quantum of compensation awarded by the Tribunal is excessive. 2. On reading of the findings of the Tribunal, it is clear that the deceased was aged 40 years at the time of accident and further, he was working a...
PL.A. Palaniappan Proprietor, PL.A Bus Transports, Tiruchy and Another ...
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 06.01.2004 made in MCOP.No.138 of 1998 on the file of the Motor Accident Claims Tribunal, (Additional District Court, (Fast Track Court No.2), Tiruchirappalli.) It is the case of unfortunate fatal accident took place on 25.05.1997 around 09.40 a.m on Tiruchy-Madras Bye-pass Road near P and T Colony Bus Stop. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, (Additional District Court, (Fast Track Court No.2), Tiruchirappalli, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.8,30,000/- as total compensation with interest at 9% per annum. Challenging the award, the appellant insurance company preferred this appeal along with the owner of the vehicle, on the ground that the quantum of compensation awarded by the Tribunal is excessive. 2. This Court is not inclined to appreciate the ar...
M/s.United India Insurance Company Limited, Represented by its Branch ...
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 11.09.2006 made in MCOP.No.1729 of 2000 on the file of the Motor Accident Claims Tribunal, Additional District and Sessions Court cum Fast Track Court No.1, Madurai.) 1. It is the case of unfortunate fatal accident took place on 07.07.1999 around 15.30 hours near Archana River, Irukkankudi on Sattur main road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Additional District and Sessions Court cum Fast Track Court No.1, Madurai, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.4,31,000/- as total compensation with interest at 7.5% per annum. Challenging the award, the appellant insurance company preferred this appeal, on the ground that the quantum of compensation awarded by the Tribunal is excessive. 2. Learned counsel for the appellant contended that the monthly income fixed ...
P. Venugopal Vs. Superintending Engineer and Others
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 26.10.1999, made in A.S.No.3 of 1999 on the file of the Court of the Additional District Judge-cum-Chief Judicial Magistrate, Thanjavur at Kumbakonam, reversing the judgment and decree, dated 01.03.1995, made in O.S.No.147 of 1991, on the file of the Subordinate Court, Kumbakonam.) 1. This Second Appeal has been filed against the judgment and decree dated 26.10.1999, made in A.S.No.3 of 1999 on the file of the Court of the Additional District Judge-cum-Chief Judicial Magistrate, Thanjavur at Kumbakonam, reversing the judgment and decree, dated 01.03.1995, made in O.S.No.147 of 1991, on the file of the Subordinate Court, Kumbakonam. 2. The appellant is the plaintiff, who succeeded in the Trial Court, but lost in the first appellate Court. The respondents 1 and 2 are the defendants 2 and 3 and the third respondent is the first defendant in the suit in O.S.No.147 of 1991 on the...
V. Paramasiva Gounder Vs. R. Jayakrishnan and Others
Court: Chennai
Decided on: Nov-24-2016
(Prayer: Petition filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree as made in A.S.No.58 of 2005 dated 07.03.2006 on the file of the learned First Additional Subordinate Judge, Erode reversing the judgment and decree made in O.S.No.4 of 2001 dated 28.02.2005 on the file of the learned First Additional District Munsif, Erode.) Challenging the judgment of learned First Additional Subordinate Judge, Erode, passed in A.S.No.58 of 2005 dated 07.03.2006, the second appeal have been filed. 2. The plaintiff is the appellant before this Court. The suit filed by the plaintiff seeking declaration of his right to take vehicle of all types, cattle and men to the alleged pathway and perpetual injunction restraining defendants 2 and 3 and there means from interfering the plaintiff's right to use the said pathway was not found in favour of the plaintiff by the Courts below. Hence Second Appeal. 3. The contention of the appellant is that he purchased 0.12.5 acres ...
Mahalingam and Another Vs. Thayammal and Others
Court: Chennai Madurai
Decided on: Nov-24-2016
(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.107 of 2016 in O.S.No.91 of 2010, dated 19.7.2016, on the file of the Subordinate Judge, Aruppukkottai and dismiss the said petition.) 1. This revision has been filed seeking for a direction to set aside the order passed in I.A.No.107 of 2016 in O.S.No.91 of 2010, dated 19.7.2016, on the file of the Subordinate Judge, Aruppukkottai and dismiss the said petition. 2. The Petitioners herein filed the above suit in O.S.No.91 of 2010 for passing of a preliminary decree for partition and for costs. In the aforesaid suit, the respondents have filed I.A.No.107 of 2016 under Order 8 Rule 9 and Section 151 of C.P.C to permit them to file the additional written statement. The revision petitioners have objected the said application filed by the respondents, stating that the respondents have filed the said petition only to drag on the proceedings in the s...
The Branch Manager, ICICI Lombard General Insurance Company Ltd., Vs. ...
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer:Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the fair and decreetal order dated 31.01.2011 made in M.C.O.P.No.99 of 2008 on the file of the Motor Accident Claims Tribunal (Subordinate Court), Srivilliputhur.) 1. It is a case of a fatal accident caused on account of an accident took place on 05.04.2008 at about 09.00 a.m. near Rajapalayam TB Mills Road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Srivilliputtur and the Tribunal taking into consideration the facts and circumstances of the case, granted a sum of Rs.8,44,000/- as total compensation. 2. The learned Counsel for the appellant contended that the deceased at the time accident was aged about 46 years and was a sales woman. Even as per the application for compensation, the monthly income of the deceased was Rs.4,516/-. Ex.P.15 also proves the same and therefore, the Tribunal has erroneously fixed the mont...
Ganesan and Others Vs. Ariyal (Died) and Others
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 05.11.1993, made in A.S.No.115 of 1991 on the file of the District Court, Pudukottai, reversing the Judgment and decree dated 15.07.1991, made in O.S.No.66 of 1991 on the file of the Subordinate Court, Pudukottai.) 1. This Second Appeal has been filed against the judgment and decree dated 05.11.1993, made in A.S.No.115 of 1991 on the file of the District Court, Pudukottai, reversing the Judgment and decree dated 15.07.1991, made in O.S.No.66 of 1991 on the file of the Subordinate Court, Pudukottai. 2. The appellants are the defendants 1 to 3 and 5, who succeeded in the Trial Court, but lost in the first appellate Court. The respondents 1 to 4 are the plaintiffs and the fifth respondent is the fourth defendant in the suit in O.S.No.66 of 2001, on the file of the Subordinate Court, Pudukottai. 3. The respondents 1 to 4 filed the suit in O.S.No.66 of 2001 before the Subordinate...
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