Chennai Court November 2016 Judgments
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National Insurance Co. Ltd. Rep. by its Branch Manager, Keezha Raja Ve ...
Court: Chennai Madurai
Decided on: Nov-23-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 29.11.2004 made in MCOP.No.597 of 2001 on the file of the Motor Accident Claims Tribunal, Fast Track Court, Pudukkottai. Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 29.11.2004 made in MCOP.No.597 of 2001 on the file of the Motor Accident Claims Tribunal, Fast Track Court, Pudukkottai.) Common Judgment 1. It is the case of an injury caused on account of the accident took place on 13.04.2001 around 02.00 p.m on Karambakudi to Malaiyur road near Ariyandi Pirivu road. The injured victim filed an application seeking compensation before the Motor Accident Claims Tribunal, Fast Track Court, Pudukkottai, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.2,53,870/- as total compensation with interest at 9% per annum. Challenging the award, the National Insurance Company preferred CMA(MD)No.988 of 2005 and ...
M/s. National Insurance Co. Ltd. through its Branch Manager, Madurai V ...
Court: Chennai Madurai
Decided on: Nov-23-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 21.12.2004 on the file of the Motor Accident Claims Tribunal, I Additional District Judge, Madurai, in M.C.O.P.No.408 of 2001 and praying to set aside the same.) 1. The appellant/National Insurance Company has filed the present C.M.A(MD)No.1233 of 2005, challenging the award passed in M.A.C.O.P.No.408 of 2001, dated 21.12.2004, on the file of the Motor Accident Claims Tribunal, I Additional District Judge, Madurai. 2. It is an unfortunate case of fatal accident caused in an accident occurred on 12.03.2000 at about 02.30 hours in Tirumangalam Town Munsif Court Road. The heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, I Additional District Judge, Madurai. The Tribunal, considering the facts and circumstances of the case, awarded a sum of Rs.2,51,000/- as total compensation. Against which, the appellant...
M. Panneerselvam Vs. Susseela and Others
Court: Chennai
Decided on: Nov-23-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 27.10.2010 made in A.S.No.7 of 2006 on the file of the Sub Judge, Tiruvellore in confirming the judgment and decree dated 29.07.2005 made in O.S.No.158 of 1992 on the file of the District Munsif Court at Tiruttani.) 1. Challenge in this second appeal is made by the first defendant against the judgement and decree dated 27.10.2010 made in A.S.No.7 of 2006 on the file of the Subordinate Court, Thiruvellore, confirming the judgement and decree dated 29.07.2005 made in O.S.No.158 of 1992 on the file of the District Munsif Court, Thiruttani. 2. The suit has been laid for declaration and permanent injunction. 3. The case of the plaintiffs, in brief, is as follows: The defendants 2 and 3 are the father and mother of the plaintiffs 1 to 3. The 4th defendant is the brother of the second defendant. The plaintiffs 1 to 3 are minors and are represented by their paternal aunt R.Gethari, ...
National Insurance Co.Ltd., Gobichettipalayam and Others Vs. Vaijayant ...
Court: Chennai
Decided on: Nov-23-2016
1. The National Insurance Company Limited, Gobichettipalayam, challenging the correctness of the impugned award passed by the Motor Accident Claims Tribunal, II Additional District Judge, Tiruppur in M.C.O.P.No.1395 of 2010 dated 25.3.2014 awarding a sum of Rs.8,30,000/-,as against the claim of Rs.15,00,000/-, has brought this civil miscellaneous appeal aggrieved over the quantum. Similarly, the claimants, namely, wife, married daughter and two unmarried sons of the deceased at the time of accident, have filed the Cross Objection seeking enhancement of the compensation for the loss of life of the breadwinner. For convenience, the parties will be hereinafter referred to as the Claimants and the Insurance Company in this order. 2. Learned counsel for the Claimants, assailing the impugned award on various grounds, submitted that the Tribunal has wrongly fixed the monthly income of the deceased at Rs.7,500/- and made one-third deduction instead of one-fourth towards the personal expenses. ...
Union of India rep. by Secretary to Government Ministry of Communicati ...
Court: Chennai
Decided on: Nov-23-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records in O.A. No. 615 of 2010 dated 28.02.2013 on the file of the 1st respondent and quash the same.) S. Manikumar, J. 1. Challenge in this Writ Petition is to an order made in O.A. No. 615 of 2010 dated 28.02.2013, by which, the Central Administrative Tribunal, while setting aside the order dated 19.09.2006 passed by the Superintendent of Post Offices, Pollachi, vide proceedings in Memo No.F1/4-1/2002-2003, modified the punishment of dismissal from service, into that of stoppage of one increment for a period of five years with cumulative effect. The Tribunal has further directed that the second respondent shall not be eligible for any back wages for the period from the date of dismissal from service, to the date of reinstatement i.e., for the period during which he was out of service. The Tribunal has directed that the entire period would be counted for pens...
National Insurance Co.Ltd. Tirunelveli Junction Vs. G. Seenivasan @ Ve ...
Court: Chennai Madurai
Decided on: Nov-23-2016
(Prayer: Appeal filed under Section 30 of the Workmen's Compensation Act, 1923, against the order dated 18.09.2006 made in W.C.No.54 of 2005 on the file of the Commissioner for Workmen Compensation (Deputy Commissioner for Labour) at Tirunelveli.) The present appeal is filed challenging the order made in W.C.No.54 of 2005 dated 18.09.2006, on the file of the Commissioner for Workmen Compensation (Deputy Commissioner for Labour) at Tirunelveli. 2. Learned counsel for the appellant contended that in the case on hand, it was established that the driver, who was driving the vehicle which met with the accident, was not in possession of a valid licence and the driving licence possessed by him at the time of accident, was expired which was not renewed in time. The non renewal of the driving licence is to be construed as no driving licence. Accordingly, the Tribunal has committed an error by not awarding pay and recovery. 3. On the aspect of mode of recovery available to the insurer, the Hon'b...
CDM India Corporate Services Private Limited, Represented by its Direc ...
Court: Chennai
Decided on: Nov-23-2016
Common order: 1. These company petitions are preferred under Sections 391 to 394 of the Companies Act, 1956 for seeking a sanction of the scheme of amalgamation concerning CDM India Corporate Services Private Limited (in short transferor company) and Camp Dresser and Mckee (India) Private Limited (in short transferee company), with effect from 01.04.2015. The scheme of amalgamation (in short scheme) is appended as Annexure '4' to the respective petitions. 2. The petitioner in C.P.No.40 of 2016 is the transferor company and the petitioner in C.P.No.41 of 2016 is the transferee company. 2.1. I may only note that the transferor and transferee companies will be collectively referred to as petitioners. 3. A perusal of the record shows that the petitioners have complied with the prescribed procedure. 4. A copy of two (2) separate resolutions dated 08.09.2015 and 11.09.2015, passed by the Board of Directors of both the transferor company as well as the transferee company respectively, approvi...
Subbulakshmi and Others Vs. Tamil Nadu Government Transport Corporatio ...
Court: Chennai Madurai
Decided on: Nov-23-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 16.03.2005 made in MCOP.No.26 of 2004 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Srivilliputhur.) 1. It is the unfortunate case of fatal accident took place on 10.10.2001 around 03.30 p.m on Aruppukottai-Virudhunagar road at Sanar Oorani. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Principal District Judge, Srivilliputhur, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.3,68,560/- as total compensation with interest at 9% per annum. Challenging the award, the appellants/claimants preferred this appeal, seeking enhancement of compensation. 2. Learned counsel for the appellants contended that the age of the deceased was wrongly stated by the Tribunal and further, the service rendered by the deceased in M/s.Ramco Cement Company was also erroneo...
Rani Kathalingam Vs. State of Tamil Nadu, Rep. by its DSP, Vigilance a ...
Court: Chennai
Decided on: Nov-23-2016
(Prayer: Criminal Revision Case is filed under Article 227 of the Constitution of India r/w. Section 397 of Cr.P.C., to set aside the order dated 25.02.2016 passed by the Chief Judicial Magistrate/Special Judge at Ariyalur in CMP.No.1 of 2016 in Spl.C.C.No.15 of 2012.) 1. The Criminal Revision Case is filed under Article 227 of the Constitution of India r/w. Section 397 of Cr.P.C., to set aside the order dated 25.02.2016 passed by the Chief Judicial Magistrate/Special Judge at Ariyalur in CMP.No.1 of 2016 in Spl.C.C.No.15 of 2012. 2. The case of the prosecution is that the revision petitioner/accused Kathalingam is a native of Kannukudy Village in Orathanadu Taluk, Tanjore District. His father's name is Veerappa Solingarayar and his mother is Tmt. V.Pakkiyathammal. He is the second son of his parents. His elder brother V.Kaliyamoorthy is doing agricultural work at Kannukudy village. He completed his B.E., in the year 1989 and he entered into service in 1994 as Junior Engineer, Chozan R...
P. Sakthivel Vs. The Joint Commissioner of HR and Ce, Hindu Religious ...
Court: Chennai Madurai
Decided on: Nov-23-2016
(Prayer in W.P(MD)No.12988 of 2016: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Declaration, to declare that the tender cum public auction pertaining to the licence for collecting fees in weekly Market belonging to the third respondent temple in Survey No.227/1 for the fasli year 1426 conducted on 20.07.2016 by the third respondent as null and void and for a direction, directing the respondents to conduct retender/public auction pertaining to the licence for collecting fees in weekly market belonging to the third respondent temple in survey No.227/1 for the fasli year 1426 within the time stipulated by this Court. Prayer in W.P(MD)No.19432 of 2016: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned re-tender notification dated 12.07.2016 along with additional tender condition dated 18.07.2016 on the file of the thir...
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