Chennai Court November 2016 Judgments
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P. Nirmal Nesakumar Vs. The District Collector, Nagercoil and Others
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records in pursuant to the impugned charge memo issued by the 2nd Respondent in proceeding A9/127/2014 dated 09.05.2014 and quash the same. Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned order passed by the 3rd Respondent in his proceedings A8/125/2013 dated 10.02.2014 and quash the same and consequently, to direct the respondents to disburse the salary as fixed by the 3rd Respondent in his proceedings Na.Ka.A8/1504/2004 dated 13.04.2010 and to disburse the arrears and other all attendant and monetary benefits to the Petitioner. Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned suspension order ...
United India Insurance Co. Ltd. represented by its Branch Manager, Mad ...
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 17.04.2006 made in M.C.O.P.No.293 of 1996, on the file of the Motor Accident Claims Tribunal (Fast Track Court No.4), Periyakulam.) 1. The appellant/United India Insurance Company has filed the present C.M.A(MD)No.1015 of 2007, challenging the award passed inMACOP.No.293 of 1996, dated 17.04.2006, on the file of the Motor Accident Claims Tribunal (Fast Track Court No.4), Periyakulam. 2. It is a case of fatal accident caused on account of the accident took place on 01.10.1995 at about 8.20 a.m. in front of Rajeshree Sugar Mills gate on the Periyakulam to Andipatti Road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal (Fast Track Court No.4), Periyakulam in MCOP.No.293 of 1996. Considering the facts and circumstances of the case, the Tribunal awarded Rs.3,16,000/- as total compensation. Challe...
National Insurance Company Limited Vs. Solai and Another
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the order and decree dated 31.01.2006 passed in M.A.C.O.P.No.710 of 2003, on the file of the Motor Accidents Claims Tribunal, Additional District Court/Fast Track Court No.1, Tiruchirappalli.) 1. The appellant/National Insurance Company has filed the present C.M.A(MD)No.340 of 2007, challenging the award passed inMACOP.No.710 of 2003, dated 31.01.2006, on the file of the Motor Accidents Claims Tribunal, Additional District Court/Fast Track Court No.1, Tiruchirappalli. 2. It is a case of grievous injury, resulted amputation of right leg of the claimant on account of the accident took place on 16.04.2002 at about 7.30 a.m. near Trichy Town, Nandhi Koil Street. The first respondent/claimant has filed an application seeking compensation before the Motor Accidents Claims Tribunal, Additional District Court/Fast Track Court No.1, Tiruchirappalli in MACOP.No.710 of 2003. Considering the facts a...
The Branch Manager, National Insurance Company Limited, Mettur Road, E ...
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 27.01.2012 made in M.C.O.P.No.455 of 2008 on the file of the Motor Accident Claims Tribunal, District Judge, Karur.) 1. The appellant/Insurance Company, filed the present C.M.A.(MD)No.1245 of 2016, challenging the award passed in M.C.O.P.No.455 of 2008 by the Motor Accidents Claims Tribunal/District Judge, Karur. 2. The facts in nutshell are that the accident took place at about 12.30 p.m. on 04.07.2008 near Kaliappan Mines on the Kujiliamparai - Karur Raod, in which one Rameshkumar lost his life. The legal heirs of the deceased filed application seeking compensation before the Motor Accident Claims Tribunal, District Judge, Karur and the Tribunal considering the facts and circumstances of the case awarded Rs.37,71,936/- towards total compensation. Challenging the award, the Insurance Company filed this appeal on the ground that the quantum of compensation a...
The Oriental Insurance Company Limited, Dingidul, Through its Branch M ...
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 13.08.2010 made in MCOP.No.425 of 2005 on the file of the Motor Accident Claims Tribunal, Additional District and Sessions Judge cum Fast Track Court, Dindigul.) It is the case of an injury caused on account of the accident took place on 14.11.2004 around 05.30 p.m on Madurai-Dindigul main road near J.Oothupatti Pirivu. The injured filed an application seeking compensation before the Motor Accident Claims Tribunal, Additional District and Sessions Judge cum Fast Track Court, Dindigul, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.71,000/- 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 injured was travelling as a gratuitous passenger in the goods vehicle and therefore, the insurance company is not liable to pay compensation. As per the in...
Bala @ Balamurugan and Another Vs. State Rep. by The Inspector of Poli ...
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Appeal is filed under Section 374 (2) of the Code of Criminal Procedure against the Judgment and conviction dated 31.03.2016 made in S.C.No.274 of 2015, on the file of the learned Fifth Additional District and Sessions Judge, Madurai.) 1. The appellants are the accused Nos.1 and 2 in S.C.No.274 of 2015, on the file of the learned Fifth Additional District and Sessions Judge, Madurai. The Trial Court framed as many as three charges against the accused, as detailed below. ChargeAccusedPenal Provisions11 and 2341 IPC21 and 2302 r/w 34 IPC31 and 2506(ii) IPC 2.By Judgment dated 31.03.2016, the Trial Court acquitted both the accused from the charges under Sections 341 and 506(ii) of the Indian Penal Code, however, convicted the accused, as detailed below:-AccusedSection of LawSentenceFine amount1 and 2302 r/w 34 IPCTo undergo imprisonment for life.Rs.5,000/- in default to undergo simple imprisonment for one month.Challenging the said conviction and sentence, the appellants have com...
United India Insurance Co. Ltd., through its Branch Manager, Kumbakona ...
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 26.10.2005 made in M.C.O.P.No.53 of 2004 on the file of the Motor Accident Claims Tribunal, Additional Chief Judicial Magistrate, Kumbakonam.) 1. The appellant/Insurance Company, filed the present C.M.A.(MD)No.1323 of 2016, challenging the award passed in M.C.O.P.No.53 of 2004 by the Motor Accidents Claims Tribunal/Additional Chief Judicial Magistrate, Kumbakonam. 2. It is a case of injury caused in the accident that took place at about 01.00 a.m. on 17.06.2002 near Krishnapuram Chetty Mandapam on the Mathur - Kumbakonam Road, in which the petitioner sustained injuries. He filed application seeking compensation before the Motor Accident Claims Tribunal, Additional Chief Judicial Magistrate, Kumbakonam and the Tribunal considering the facts and circumstances of the case awarded Rs.2,21,998/- towards total compensation. Challenging the award, the Insurance Com...
The Branch Manager, M/s TATA AIG General Insurance Company Limited, Co ...
Court: Chennai
Decided on: Nov-24-2016
(Prayer: Memorandum of Grounds of Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 28.01.2016 made in M.C.O.P.No.452 of 2013 on the file of the Motor Accident Claims Tribunal, Special District Judge, Krishnagiri.) 1. M/s TATA AIG General Insurance Company Limited, Coimbatore has brought this civil miscellaneous appeal questioning the correctness of the impugned award passed by the Motor Accident Claims Tribunal, Special District Judge, Krishnagiri in M.C.O.P.No.452 of 2013 dated 28.1.2016, awarding a sum of Rs.4,29,400/-, as against the claim of Rs.8,00,000/-, for the loss of life of the son of the first respondent in the motor vehicle accident. 2. Learned counsel for the appellant insurance company submitted that when the son of the first respondent, namely, Mr.Sowriyappan @ Sowri Arokiyaraj was riding the two-wheeler in a rash and negligent manner without following the rules on the fateful day and invited the accident, th...
M/s. The Oriental Insurance Company Ltd. Vs. Bothraj and Another
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayers: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 26.04.2007 made in MCOP.No.1573 of 2003 on the file of the Motor Accident Claims Tribunal cum Principal District Judge, Tiruchirapalli. Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 26.04.2007 made in MCOP.No.1594 of 2003 on the file of the Motor Accident Claims Tribunal cum Principal District Judge, Tiruchirapalli.) Common Judgment: These two appeals are filed by the Oriental Insurance Company Limited, challenging the award passed by the Tribunal, on the ground that the injured persons were travelling in the goods vehicle along with 39 other persons and all of them are gratuitous passengers and therefore, appellant insurance company is not liable to pay compensation. The fact relating to the accident was that it was a LMV Goods Vehicle bearing registration No.TN-45/Q 1840 in which, near about 40 persons were proceeding to participa...
The Oriental Insurance Company Limited, through its Divisional Manger, ...
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 05.02.2015 made in MCOP.No.1894 of 2012 on the file of the Motor Accident Claims Tribunal cum VI Additional District Judge, Madurai.) 1. It is the unfortunate case of fatal accident took place on 24.05.2012 around 08.00 p.m on Melur-Natham main road near Pudhu Sukkampatti, Melur. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal cum VI Additional District Judge, Madurai and the Tribunal considering the facts and the circumstances of the case, awarded Rs.10,60,122/- 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 has contended that the award under certain heads are excessive and requires reduction. 3. Learned counse...
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