Chennai Court November 2016 Judgments
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The Divisional Manager, M/s. Oriental Insurance Company Limited, Salai ...
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 28.05.2012 made in M.C.O.P.No.77 of 2011 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Theni.) 1. The appellant/Oriental Insurance Company Ltd., filed the present C.M.A.No.1219 of 2014, challenging the award passed in M.C.O.P.No.77 of 2011 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Theni. 2. The accident took place on 13.05.2011 at 3.00 a.m. and it is a case of injury. Considering the facts and circumstances of the case, the Tribunal awarded the total compensation of Rs.1,91,000/- along with interest at the rate of 7.5% p.a. The appellant Oriental Insurance Company preferred this Civil Miscellaneous Appeal mainly on the grounds that the compensation awarded is excessive and the driver who was plying the vehicle did not possess valid licence and the appellant insurance company should be exonerated from its...
Vijayalakshmi and Others Vs. Arulmighu Veeramaathiamman Thirukkoil Tru ...
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code praying this Court to set aside the fair and decretal order made in E.A.No.93 of 2016 in E.P.No.96 of 2012 in O.S.No.462 of 2003, dated 22.09.2016, on the file of the District Munsif Court, Palani.) 1. This revision has been filed seeking for a direction to set aside the fair and decretal order made in E.A.No.93 of 2016 in E.P.No.96 of 2012 in O.S.No.462 of 2003, dated 22.09.2016, on the file of the District Munsif Court, Palani. 2. The aforesaid order passed in an application filed under Order 21 Rule 97 of C.P.C. If the revision petitioner has aggrieved over that order, he can very well file an appeal before the appellate Court. 3. Hence the Civil Revision Petition is not maintainable and hence the same stands dismissed. However, liberty is given to the Petitioner to file an appal, if so advised, within a period of two weeks from the date of receipt of a copy of this order. Consequently, connected Mi...
P.R. Damotharan Vs. P.R. Thiyagarajan
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 fair and decretal order passed in I.A.No.72 of 2013 in O.S.No.177 of 2009, dated 13.4.2016 on the file of the District Court, Virudhunagar at Srivilliputhur.) 1. This revision has been filed seeking for a direction to set set aside the fair and decretal order passed in I.A.No.72 of 2013 in O.S.No.177 of 2009, dated 13.4.2016, on the file of the District Court, Virudhunagar at Srivilliputhur. 2. The Petitioner herein filed the suit in O.S.No.177 of 2009 on the file of the District Court, Virudhunagar at Srivilliputhur for recovery of a sum of Rs.11,62,453.30/- and for costs. In the said suit, the respondent was set exparte and an exparte decree was passed on 28.2.2011. The respondent herein filed an application in I.A.No.72 of 2013 to condone the delay of 681 days in filing the application to set aside the exparte decree, dated 28.2.2011 in the above suit and the sa...
Sureshkumar Vs. State Rep by The Inspector of Police, Tiruchirappalli ...
Court: Chennai Madurai
Decided on: Nov-24-2016
S. Nagamuthu, J. 1. The appellant is the sole accused in Special Sessions Case No.6 of 2015, on the file of the learned Sessions Judge, Mahila Court, Tiruchirappalli. He stood charged for the offences punishable under Sections 366-A of the Indian Penal Code, Sections 3(a), 3(d) r/w Section 4, 5(m) and 5(r) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012, [hereinafter referred to as the "POCSO Act"]. By Judgment dated 17.12.2015, the Trial Court convicted the accused and sentenced him, as detailed below:- Section of LawSentence of imprisonmentFine amount366-A IPCTo undergo rigorous imprisonment for seven years.Rs.500/- in default to undergo simple imprisonment for two months.3(a), 3(d) r/w Section 4 of POCSO ActTo undergo imprisonment for life.Rs.1,000/- in default to undergo simple imprisonment for six months.5(r) r/w Section 6 of POCSO Act.To undergo rigorous imprisonment for ten years.Rs.1,000/- in default to undergo simple imprisonment for six months. 2. T...
Uma Maheswari Vs. The District Collector, Karur District, Karur and Ot ...
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the first respondent made in Na.Ka.No.A1/183/2012/Savuthi dated 29.09.2012 and quash the same and directing the first respondent to appoint the petitioner as Cook at Nathamedu Village, Krishnarayapuram Panchayat Union, Karur District.) 1. The writ petitioner has come before this Court challenging the proceedings of the first respondent made in Na.Ka.No.A1/183/2012/ Savuthi dated 29.09.2012 and for quashing the same and consequential direction to the first respondent to appoint the petitioner as Cook at Nathamedu Village, Krishnarayapuram Panchayat Union, Karur District. 2. The case of the petitioner is that she is residing along with her family members and she has an agricultural coolie and passed 8th Standard, in the year 1999. She is running her family only from the meager income derived by way...
K.P. Srinivasan Vs. K.K. Nagarajan
Court: Chennai
Decided on: Nov-24-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree in A.S.No.47 of 2006 dated 17.04.2007 on the file of the Subordinate Judge, Tiruppattur, confirming the judgment in O.S.No.720 of 1995 on the file of the District Munsif Court, Tirupattur dated 04.04.2006.) 1. The plaintiff, in this second appeal, has challenged the judgement and decree dated 17.04.2007 made in A.S.No.47 of 2006 on the file of Subordinate Court, Tiruppattur, confirming the judgement and decree dated 04.04.2006 in O.S.No.720 of 1995 on the file of the District Munsif Court, Tirupattur. 2. The suit has been laid by the plaintiff for declaration and permanent injunction. 3. The suit property has been described as an extent of 3.80 acres in old survey No.156/1, new survey No.156/1B with 2 doruvu wells in Koodapattu village, Tirupattur Taluk, North Arcot Ambedkar District. It is therefore evident that as found by the courts below, the description of the suit property b...
The Branch Manager National Insurance Co. Ltd. Kumbakonam Vs. Lourduma ...
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 17.07.2002 in M.C.O.P.No.1743 of 1999, on the file of the Motor Accident Claims Tribunal, Principal District Judge, Trichy.) Judgment: 1. The appellant/National Insurance Company has filed the present C.M.A(MD)No.191 of 2008, challenging the award passed in MCOP.No.1743 of 1999, dated 17.07.2002, on the file of the Motor Accident Claims Tribunal, Principal District Judge, Trichy. 2. It is an unfortunate case of fatal accident caused in an accident took place on 22.06.1996 at about 22.00 hours on Kambankudi Mannarkudi Main Road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Principal District Judge, Trichy, in MCOP.No.1743 of 1999. Considering the facts and circumstances of the case, the Tribunal awarded Rs.1,40,200/- as total compensation. Challenging the same, the appellant/National Insu...
The United India Insurance Company Ltd. represented through its Divisi ...
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer:Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 03.04.2012 passed in M.C.O.P.No.1923 of 2009, on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge) (Fast Track Court No.3), Madurai.) 1. It is a case of a fatal accident caused on account of an accident occurred on 21.04.2009 at 16.30 hours near Sivagangai - Melur main road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal/Principal District Judge, Madurai and the Tribunal considering the facts and circumstances of the case, awarded a sum of Rs.3,75,000/- as total compensation. Challenging the same, the appellant United India Assurance Company has preferred the present appeal on the ground of quantum and liability. 2. The learned Counsel appearing for the appellant contended that the vehicle which met with the accident was used for hire purposes and accor...
The Branch Manager, National Insurance Company Limited Vs. Santhosh Ku ...
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 08.08.2007 made in MCOP.No.20 of 2004 on the file of the Motor Accident Claims Tribunal, Sub Court, Kuzhithurai.) 1. It is the case of an injury caused due to the accident took place on 05.06.1998 around 10.30 hours near Vilathurai Thottipalayam Kappukadu. The injured filed an application seeking compensation before the Motor Accident Claims Tribunal, Sub Court, Kuzhithurai, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.53,295/- 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 respondent/claimant committed an act of negligence by parking his two wheeler in the middle of the road and standing nearby the two wheeler. Such being the act of the respondent/claimant, the entire negligence ought to have been fixed on the respondent/claimant and t...
Noorulameen Vs. Jeya and Others
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 award of the learned Motor Accidents Claims Tribunal, Additional District Judge-Fast Track Court No.1, Tirunelveli in M.C.O.P.No.143 of 2005, dated 29.08.2007.) 1. The appellant has filed the present C.M.A(MD)No.1619 of 2007, challenging the award passed inMCOP.No.143 of 2005, dated 29.08.2007, on the file of the Motor Accidents Claims Tribunal, Additional District Judge-Fast Track Court No.1, Tirunelveli. 2. It is a case of an injury caused on account of an accident took place on 27.05.2002 at about 22.30 hours on the Palayamkotti to Seevalaperi Main Road. The injured victim filed an application seeking compensation before the Motor Accidents Claims Tribunal, Additional District Judge-Fast Track Court No.1, Tirunelveli. Considering the facts and circumstances of the case, the Tribunal awarded Rs.99,369/- as total compensation. Challenging the same, the owner of the vehi...
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