Chennai Court November 2016 Judgments
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United India Insurance Co.Ltd. P.W.D Road, Agasteeswaram Taluk, Kanyak ...
Court: Chennai Madurai
Decided on: Nov-22-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 23.11.2005 passed in MCOP.No.67 of 2004 on the file of the I Additional Judge, Motor Accident Claims Tribunal, Nagercoil.) Judgment: 1. It is the case of an injury caused due to the accident took place on 11.11.2001 about 11.30 hours near Kavalkinaru junction on Nagercoil-Tirunelveli National Highways. The injured victim filed an application in MCOP.No.67 of 2004 before the I Additional Judge, Motor Accident Claims Tribunal, Nagercoil, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.1,33,436/- as total compensation with interest at 7.5% per annum. Challenging the award, the appellant insurance company has filed this appeal, on the ground that the injured was a gratuitous passenger in the Tempo which met with the accident and the Tempo was carrying 45 passengers and all were proceeding for attending a marriage function. Therefore, it is the statut...
United India Insurance Co.Ltd. Through its Branch Manager, Tuticorin D ...
Court: Chennai Madurai
Decided on: Nov-22-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree passed in M.C.O.P.No.11 of 2012, dated 26.11.2012, on the file of the Motor Accident Claims Tribunal, Additional District Court, Virudhunagar.) 1. The appellant/United India Insurance Company Limited has filed the present C.M.A(MD)No.1005 of 2013, challenging the award passed in M.C.O.P.No.11 of 2012, dated 26.11.2012, on the file of the Motor Accident Claims Tribunal, Additional District Court, Virudhunagar. 2. It is a case of fatal accident caused in an accident took place on 01.01.2011 at about 1.00 p.m. at Kovilpatti-Thirunelveli main road and the heirs of the deceased filed an application claiming compensation before the Motor Accident Claims Tribunal, Additional District Court, Virudhunagar. Considering the facts and the circumstances of the case, the Tribunal awarded Rs.12,65,000/- as total compensation. 3. Challenging the award, the appellant / Insurance C...
K. Nambaiya Vs. Peri.Muthu and Others
Court: Chennai Madurai
Decided on: Nov-22-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 22.11.2004 made in A.S.No.143 of 2003 on the file of the District Court, Sivagangai, confirming the Judgment and decree dated 30.06.2003, made in O.S.No.46 of 2000 on the file of the Subordinate Court, Devakottai.) This Second Appeal has been filed against the judgment and decree dated 22.11.2004 made in A.S.No.143 of 2003 on the file of the District Court, Sivagangai, confirming the Judgment and decree dated 30.06.2003, made in O.S.No.46 of 2000 on the file of the Subordinate Court, Devakottai. 2. The appellant is the plaintiff, who lost in both the Courts below. The appellant filed the suit in O.S.No.46 of 2000 before the Subordinate Court, Devakottai, against the respondents 1 to 3. Subsequently, the respondents 4 to 7 were impleaded as per order dated 11.06.2001, in I.A.No.32 of 2001, by the learned Subordinate Judge, Devakottai. The appellant prayed for partition betwee...
Murugan @ Thirumalaimurugan Vs. State through the Inspector of Police, ...
Court: Chennai Madurai
Decided on: Nov-22-2016
(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C to call for the records in S.C.No.48 of 2011, on the file of the Principal Sessions Judge, Virudhunagar, by the order dated 23.06.2014 and set aside the conviction and sentence passed against the appellant.) M.V. Muralidaran, J. 1. The appellant is the sole accused in S.C.No.48/2011 on the file of the Principle District and Sessions Judge, Virudhunagar District at Srivilliputhur. The Trial court framed charges under Sections 450, 302 and 392 of I.P.C against this Appellant/Accused. 2. The Trial Court by Judgment dated 23.06.2014 convicted and sentenced the appellant to undergo 5 years rigorous imprisonment for the offence under Section 450 of I.P.C, convicted and sentenced to undergo Life Imprisonment under Section 302 of I.P.C, and convicted and sentenced to undergo seven years rigorous imprisonment under Section 392 of I.P.C. All the sentences shall run concurrently. The set off was allowed under Section 428 of Cr....
S.P. Sutharsanakumari Vs. The Chief Educational Officer, Kanyakumari D ...
Court: Chennai Madurai
Decided on: Nov-22-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the second respondent in O.Mu.No.1347/A2/2016, dated 13.04.2016 and quash the same and directing the respondents 1 and 2 to approve the petitioner's appointment as Record Clerk in the fourth respondent school by order of the third respondent in No.89/2016/C1, dated 02.03.2016.) 1. This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus praying to quash the impugned order of the second respondent in O.Mu.No.1347/A2/2016, dated 13.04.2016 and and to direct the respondents 1 and 2 to approve the petitioner's appointment as Record Clerk in the fourth respondent school. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3. The facts leading to the filing of this writ petition are as follows: The ...
Rajendran Vs. Vallimayil (Died) and Others
Court: Chennai Madurai
Decided on: Nov-22-2016
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying against judgement and decree dated 16.11.2004 and passed in A.S.No.81 of 2003 by the Hon'ble Principal District Judge, Virudhunagar District at Srivilliputhur reversing the judgment and decree dated 09.07.2003 and passed on O.S.No.170 of 1999 by the Hon'ble Additional District Munsif, Srivilliputhur. Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, praying against judgement and decree dated 16.11.2004 and passed in A.S.No.82 of 2003 by the Hon'ble Principal District Judge, Virudhunagar District at Srivilliputhur reversing the judgment and decree dated 09.07.2003 and passed on O.S.No.171 of 1999 by the Hon'ble Additional District Munsif, Srivilliputhur.) Common Judgment 1. The defendant in the suit in O.S.No.170 of 1999 on the file of the Additional District Munsif Court, Srivilliputhur is the appellant in S.A.(MD)No.442 of 2005 and the defendant in the suit in O.S.No.171 of 1999 on the...
The General Manager, The Oriental Insurance Co. Ltd., Simmakkal, Madur ...
Court: Chennai Madurai
Decided on: Nov-22-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 08.12.2004 passed in MCOP.No.1425 of 1996 on the file of the Motor Accident Claims Tribunal, 1st Additional District Judge, Madurai.) Judgment: 1. It is the case of an injury caused due to the accident took place on 03.12.1995 at about 10.00 a.m on Madurai to Devakottai road near Vellaripatti Bus Stop. The injured victim filed an application in MCOP.No.1425 of 1996 before the Motor Accident Claims Tribunal, 1st Additional District Judge, Madurai, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.30,500/- as total compensation with interest at 9% per annum. Challenging the award, the appellant insurance company has filed this appeal, on the ground that the Tribunal erroneously fixed the liability on the appellant, since the negligence was committed by the other vehicle, which is a Lorry and therefore, the appellant company ought to have been exonera...
M/s. Shriram Transport Finance Company Limited, represented by its aut ...
Court: Chennai Madurai
Decided on: Nov-22-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the Sub-Court, Pudukkottai to dispose of the injunction application in I.A.No.324 of 2014 in O.S.No.147 of 2014, within the time frame fixed by this Court.) 1. The learned counsel for the Petitioner seeks permission of this Court to withdraw this Civil Revision Petition and has also made an endorsement to that effect. 2. In view of the same, the Civil Revision Petition is dismissed as withdrawn, with liberty to the Petitioner that if the suit is restored, the Petitioner is at liberty to file appropriate application before this Court. Consequently, connected Miscellaneous Petition is dismissed. No costs....
Mohammed Ibrahim and Another Vs. Junaitha Begam and Another
Court: Chennai Madurai
Decided on: Nov-22-2016
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the order made in I.A.No.6 of 2011 in S.O.P.No.1 of 2008, dated 22.6.2011 on the file of the District Munsif Court, Thiruvaiyaru.) 1. This revision has been filed seeking for a direction to set aside the order made in I.A.No.6 of 2011 in S.O.P.No.1 of 2008, dated 22.6.2011, on the file of the District Munsif Court, Thiruvaiyaru. 2. The first respondent herein filed the above S.O.P.No.1 of 2008 for issuance of Succession Certificate for the amount mentioned in the schedule in Savings Bank Account and Fixed Deposits lying with Indian Overseas Bank, Kalyanapuram Branch in favour of the Petitioner. At the time of filing filing of the above S.O.P, in the schedule, the petitioner has mentioned that the amount available with the second respondent herein/third respondent/Bank will be given after ascertaining it. Thereafter the present application in I.A.No.6 of 2011 has been f...
Karuppasamy @ Rajendran Vs. State through The Inspector of Police, Din ...
Court: Chennai Madurai
Decided on: Nov-22-2016
(Prayer: Appeal is filed under Section 374 of the Code of Criminal Procedure against the Judgment dated 10.12.2015, made in S.C.No.214 of 2011, on the file of the learned Principal Sessions Judge, Dindigul.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.214 of 2011 on the file of the learned Principal Sessions Judge, Dindigul. He stood charged for the offences punishable under Sections 302 and 324 of the Indian Penal Code. By judgment dated 10.12.2015, the Trial Court convicted him under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,000/- in default, to undergo rigorous imprisonment for six months and also convicted him under Section 324 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal. 2. The case of the prosecution, in brief, is as follows: 2.1. The dece...