Chennai Court November 2016 Judgments
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Tamil Nadu State Transport Corporation, Rep. by its Managing Director, ...
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 30.08.2011 made in M.C.O.P.No.14 of 2009 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Sivagangai.) The appellant/Transport Corporation, filed the present C.M.A.(MD)No.798 of 2014, challenging the award passed in M.C.O.P.No.14 of 2009 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Sivagangai. 2. The facts in nutshell are that the accident took place at about 8.00 p.m. on 12.02.2008 near Manalur on the Madurai - Rameswaram Main Raod, in which the respondent/claimant sustained injuries. The claimant filed application seeking compensation before the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Sivagangai and the Tribunal considering the facts and circumstances of the case awarded Rs.1,38,000/- towards total compensation. Challenging the award, the Transport Corporation filed this appeal on the gro...
National Insurance Co. Ltd., Vs. Seventhiammal
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer:Civil Miscellaneous Appeals are filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 03.03.2005 made in M.C.O.P.Nos.751, 752, 784 to 786 of 2003 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Karur.) 1. All these appeals were filed by the appellant National Insurance Company, challenging the award passed by the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Karur on 03.03.2005. 2. The unfortunate accident took place on 04.11.2003 near Manalmedu in Karur Dindigul, which resulted in injuries to the persons, who were travelling in the vehicle. The injured claimants filed claim petitions seeking compensation and the Tribunal awarded compensation and challenging the same the insurance company has filed these appeals. 3. The learned counsel for the appellant contended that the injured claimants travelled in the goods vehicle van as passengers and therefore, the finding of the Tribunal is erroneous. The Tr...
Kaliammal Vs. Selvaraj 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 Decree (AWARD) dated 21.09.2007 made in M.C.O.P.No.128 of 2004 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Karur.) 1. The appellant/Insurance Company, filed the present C.M.A.(MD)No.1551 of 2007, challenging the award passed in M.C.O.P.No.128 of 2004 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Karur. 2. It is a case of injury caused in the accident that took place at about 06.30 a.m. on 11.12.2003 near Lingathur on the Uppidamangalam - Puliyur Road, in which the petitioner sustained injuries. She filed application seeking compensation before the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Karur and the Tribunal considering the facts and circumstances of the case awarded Rs.1,27,270/- towards total compensation and the liability was fixed at the owner of the vehicle, namely, Gopinath, the 4th responden...
United India Insurance Co.Ltd.Vs. P. Balasundaram 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 decree dated 11.07.2006 passed in M.A.C.O.P.No.906 of 2000, on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Court) (Fast Track Court No.1), Madurai.) 1. The appellant/United India Insurance Company has filed the present C.M.A(MD)No.407 of 2007, challenging the award passed inMACOP.No.906 of 2000, dated 11.07.2006, on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Court) (Fast Track Court No.1), Madurai. 2. It is a case of an injury caused due to an accident took place on 08.09.1996 at about 10.00 p.m. near Kallikudi Nallamanaickenpatti. The injured victim filed an application seeking compensation before the Motor Accidents Claims Tribunal (Additional District and Sessions Court) (Fast Track Court No.1), Madurai, in MACOP.No.906 of 2000. Considering the facts and circumstances of the case, the Tribuna...
New India Assurance Co. Ltd., Through its Branch Manager Vs. Shanthi a ...
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 02.11.2007 passed in M.A.C.O.P.No.956 of 2005, on the file of the Motor Accidents Claims Tribunal (Additional District Court) (Fast Track Court No.II), Madurai.) 1. The appellant/New India Assurance Company has filed the present C.M.A(MD)No.232 of 2008, challenging the award passed inMCOP.No.956 of 2005, dated 02.11.2007, on the file of the Motor Accidents Claims Tribunal (Additional District Court) (Fast Track Court No.II), Madurai. 2.It is a case of a death of an infant male child aged about 2 years and the accident took place on 28.05.2004 at about 09.45 p.m. near Koviloor in front of Parasakthi Restaurant. The parents of the infant child filed an application seeking compensation before the Motor Accidents Claims Tribunal (Additional District Court) (Fast Track Court No.II), Madurai, in MCOP.No.956 of 2005. Considering the facts and circumstances of the ca...
The Branch Manager, M/s. Oriental Insurance Company Limited, Virudhuna ...
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 05.08.2010 made in MCOP.No.24 of 2009 on the file of the Motor Accident Claims Tribunal, Sub Court, Aruppukkottai.) Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 05.08.2010 made in MCOP.No.25 of 2009 on the file of the Motor Accident Claims Tribunal, Sub Court, Aruppukkottai.) Common Judgment 1. It is the case of an unfortunate fatal accident which took place on 29.07.2008 around 06.30 p.m on Kariapatti to Madurai Main Road near Paraipati. The legal heirs of the deceased persons filed applications before the Motor Accident Claims Tribunal, Sub Court, Aruppukkottai, seeking compensation and the Tribunal, considering the facts and the circumstances of the cases, awarded compensation of Rs.8,40,000/- and Rs.8,40,000/- respectively, with interest at 7.5% per annum. Challenging awards, the appellant insurance company preferred these appea...
National Insurance Co. Vs. Ali Fathima 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 fair and decreetal order dated 19.06.2006 made in M.C.O.P.No.140 of 2004, on the file of the Motor Accidents Claims Tribunal (Sub Court) Sankarankoil.) 1. The appellant/National Insurance Company Limited has filed the present C.M.A(MD)No.361 of 2007, challenging the award passed in M.C.O.P.No.140 of 2004, dated 19.06.2006, on the file of the Motor Accidents Claims Tribunal (Sub Court) Sankarankoil. 2.It is a case of a fatal accident caused on account of an accident took place on 20.07.2001 at about 8.30 p.m. near Senkottai-Tenkasi Main Road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accidents Claims Tribunal (Sub Court) Sankarankoil, in MCOP.No.140 of 2004. Considering the facts and circumstances of the case, the Tribunal awarded Rs.4,41,000/- as total compensation. Challenging the award, the appellant/National Insurance Company has pr...
S. Nakeeran and Others Vs. Nagarathinam and Others
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 order passed in I.A.No.31 of 2008 in A.S.No.50 of 2007, dated 17.11.2008, on the file of the Subordinate Judge, Virudhunagar.) 1. This revision has been filed seeking for a direction to set aside the order passed in I.A.No.31 of 2008 in A.S.No.50 of 2007, dated 17.11.2008, on the file of the Subordinate Judge, Virudhunagar. 2. The facts of the case is as follows: The respondents have filed the Suit in O.S.No.1 of 2003 for declaration and permanent injunction. The aforesaid suit was dismissed. Against the judgement and decree passed in the suit passed by the District Munsif Court, Virudhunagar, an appeal suit in A.S.No.50 of 2007 was filed by the respondents 1 to 3 herein before the Sub-Court, Virudhunagar. In the afore said appeal suit, the respondents have filed an application in I.A.No.31 of 2008 for appointment of an Advocate Commissioner to inspect the suit prop...
National Insurance Co.Ltd. Vs. K. Rajasekaran (Died) and Others
Court: Chennai Madurai
Decided on: Nov-24-2016
(Prayer: Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 29.08.2005 made in MCOP.No.851 of 2002 on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Dindigul. Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 29.08.2005 made in MCOP.No.850 of 2002 on the file of the Motor Accident Claims Tribunal, (Principal District Judge), Dindigul.) Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 29.08.2005 made in MCOP.No.361 of 2001 on the file of the Motor Accident Claims Tribunal, (Principal District Judge), Dindigul.) Common Judgment 1. CRP(MD)No.1821 of 2007 and CMA(MD)Nos.1646 and 500 of 2007 are filed against the common order passed by the Motor Accident Claims Tribunal, (Principal District Judge), Dindigul, in MCOP.Nos.851 and 850 of 2002 and 361 of 2001. The accident occurred on 19.11.1998 around 16.45 ...
M/s.Oriental Insurance Company Limited Vs. Panneer Selvam 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 31.01.2007 made in MCOP.No.66 of 2005 on the file of the Motor Accident Claims Tribunal, Sub Court, Kulithalai.) 1. It is the case of an injury caused on account of the accident took place on 15.05.2005 around 12.15 p.m on Karur-Trichy main road and the injured filed an application seeking compensation before the Motor Accident Claims Tribunal Sub Court, Kulithalai, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.2,24,820/- as total compensation with interest at 6% per annum. Challenging the award, the appellant insurance company preferred this appeal, on the ground that the injuries sustained by the claimant did not result in permanent disability and the Doctor issued a certificate assessing the disability as 36% and therefore, the Tribunal ought not to have adopted multiplier method, while fixing the compensation especially in the year 2005. Th...
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