Chennai Court November 2016 Judgments
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T. Arunraj Vs. Saravanan and Another
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the order passed in MACTOP.No.465 of 1995 dated 05.11.2003 on the file of the Motor Accidents Claims Tribunal, (Second Additional Subordinate Judge), Madurai.) 1. The Civil Miscellaneous Appeal is filed against the order passed in MACTOP.No.465 of 1995 dated 05.11.2003 on the file of the Motor Accidents Claims Tribunal, (Second Additional Subordinate Judge), Madurai. 2. It is the case of injury caused due to the accident that took place on 22.07.1993 at about 12.50 noon on Madurai Alagarkoil road. The injured/victim filed a claim petition seeking compensation before the Motor Accidents Claims Tribunal, (Second Additional Subordinate Judge), Madurai and the Tribunal by considering the facts and circumstances of the case, awarded Rs.25,000/- as total compensation with interest at 9% per annum under no fault liability. The claimant has filed the present appeal for enhancement of compensation on various grounds. 3. ...
National Insurance Company Ltd. Vs. C. Mani and Others
Court: Chennai Madurai
Decided on: Nov-17-2016
(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.131 of 2006 dated 19.04.2011 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Padmanabapuram.) 1. The present Civil Miscellaneous has been Appeal filed to set aside the award passed in M.C.O.P.No.131 of 2006 dated 19.04.2011 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Padmanabapuram. 2. The accident took place on 06.09.2015 at about 17.00 hours near Arun Santhoskumar Hospital, Kumarapuram. It is the case of injury and the claim petition in M.C.O.P.No.131 of 2006 was filed before the Motor Accident Claims Tribunal (Subordinate Judge), Padmanabapuram seeking compensation and the Tribunal, by considering the facts and circumstances of the case, granted a sum of Rs.2,44,616/- towards total compensation, against which, the present appeal has been filed by the appellant National Insurance Company on ...
Vaigai Sand Lorry Owners Association, Rep. by its Secretary C. Ramacha ...
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of Mandamus, directing the respondents to initiate appropriate action against the Lorries that carry sand from the quarries of the Government above the permitted limit prescribed under the Motor Vehicles Act and as per the Proceedings of the 1st respondent in Na.Ka.No.416/2013/minerals, dated 09.04.2015 and also to initiate appropriate action against the overloading of lorries within the time limit that may be stipulated by this Court.) Order: 1. The writ petitioner, who is an Association by name Vaigai Sand Lorry Owners Association, represented by its office Secretary C.Ramachandran, having office at No.1/192, Indhira Nagar 2nd Street, Kolimedu, Viraganoor Post, Madurai District has filed this petition in WP(MD)No.14734 of 2016 sought for the relief of issuance of writ of Mandamus, directing the respondents to initiate appropriate action against the Lorries that carry sand from the qua...
The Branch Manager, The Oriental Insurance Co. Ltd., Salem Vs. John Wi ...
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the award of Rs.7,90,000(Rupees Seven Lakhs and Ninety Thousand only) passed in M.C.O.P.No.894 of 2007, dated 20.08.2008 on the file of the Motor Accidents Claims Tribunal cum Additional District Court(FTC.II), Tirunelveli.) 1. It is a tragic accident took place on 05.02.2007, at about 8.20 a.m., at Nanguneri Vagaikulam, opposite to Pannirupudu Iyyan College. It is a case of direct head on collision between the bus belongs to Transport Corporation and the insured Omni-bus with the appellant/Insurance Company. 2. In the tragic accident, nine persons died on the spot and fourteen persons grievously injured. Batch of claim petitions were filed by the respective claimants and the heirs of the deceased. 3. The learned counsel for the appellant fairly submits that some of the cases were settled before the Lok Adalat, before the Court below and the compensation amounts were settled to thos...
Rajamanickam Vs. Perumal
Court: Chennai
Decided on: Nov-17-2016
(Prayer: Second Appeal filed under Section 100 of C.P.C. against the judgment and decree dated 29.02.2012 made in A.S.No.8 of 2011 on the file of the Sub Court, Attur, confirming the the judgment and decree dated 10.03.2011 made in O.S.No.314 of 2005 on the file of the District Munsif Court, Attur.) 1. The appellant is the defendant in a suit for specific performance. The respondent as the plaintiff filed the suit seeking for specific performance of an agreement of sale dated 23.06.2003 marked as Ex.A1. 2. According to the plaintiff and as per Ex.A1, the total consideration fixed was Rs.80,500/-, out of which, a sum of Rs.60,000/- was paid as advance on the date of the agreement and for paying the balance sum of Rs.20,500/-, two years time limit was fixed. It is the contention of the plaintiff that though he was ready and willing to perform his part of the contract, the defendant has not come forward to execute the sale deed by receiving the balance sale consideration. Therefore, he co...
Rajeswari Vs. Govindarajan
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer: Petition filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.58 of 2016 on the file of the learned Subordinate Judge, Kallakurichi and transfer the same to the file of the learned Subordinate Judge, Srivilliputhur to try along with H.M.O.P.No.94 of 2016.) 1. The case of the petitioner is that the marriage between the petitioner and the respondent was solemnized on 18.08.1999 as per Hindu rites and customs. Out of the wedlock, one female child was born on 24.06.2000 and thereafter another female child was born on 5.3.2003. On various grounds, the petitioner filed a petition in H.M.O.P.No.94 of 2016 seeking divorce before the learned Subordinate Judge, Srivilliputhur. The respondent/husband also filed H.M.O.P.No.58 of 2016 before the learned Subordinate Judge, Kallakurichi. Hence, the present Transfer Miscellaneous Petition has been filed to transfer H.M.O.P.No.58 of 2016 from the file of learned Subordinate Judge, Kallakurichi to the file of the learned S...
Mohammed Yasif @ Mohammed Yasic Vs. The Managing Director, Tamil Nadu ...
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 22.09.2005 made in M.C.O.P.No.805 of 2002 on the file of the Chief Judicial Magistrate, Madurai.) When the matter was taken up for hearing on 15.11.2016, there was no representation for the appellant either in person or through counsel. Hence, the matter was directed to be listed today under the caption for dismissal . Even today also there is no representation for the appellant. But, the learned counsel for the first and third respondents are present. Hence, the Civil miscellaneous appeal is dismissed for non-prosecution. Consequently, connected miscellaneous petition is closed. No costs....
K. Thangavel Vs. The Inspector of Police, K. Pudur Crime Police Statio ...
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer: Revision is filed under Section 397 r/w 401 of Cr.P.C., praying to call for the records in Cr.M.P.Nos.1711 and 2836 of 2016 in C.C.No.436 of 2016 on the file of the Learned Judicial Magistrate No.VI, Madurai and set aside the order dated 19.09.2016 and allow the Criminal Revision.) This Criminal Revision Case has been filed praying to set aside the order passed in Cr.M.P.Nos.1711 and 2836 of 2016 in C.C.No.436 of 2016, dated 19.09.2016, by the Learned Judicial Magistrate No.VI, Madurai. 2. The Court heard the submissions of Mr.K.Chandramohan, the learned counsel appearing for the Petitioner and Mr.P.Kandasamy, the learned Government Advocate (crl.side) for the respondent and also perused the materials available on record. 3. The learned counsel appearing for the petitioner would submit that a sum of Rs.19,94,650/- was recovered in this case and the same is kept in the Court of Judicial Magistrate No.VI, Madurai. The learned counsel would further submit that he is not pressing ...
The Branch Manager, The Oriental Insurance Co. Ltd., Saradha College M ...
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the award of Rs.90,000/- (Rupees Ninety Thousand only)passed in M.C.O.P.No.393 of 2007, dated 20.08.2008 on the file of the Motor Accidents Claims Tribunal cum Additional District Court(FTC.II), Tirunelveli.) 1. It is a tragic accident took place on 05.02.2007, at about 8.20 a.m., at Nanguneri Vagaikulam, opposite to Pannirupudu Iyyan College. It is a case of direct head on collision between the bus belongs to Transport Corporation and the insured Omni-bus with the appellant/Insurance Company. 2. In the tragic accident, nine persons died on the spot and fourteen persons grievously injured. Batch of claim petitions were filed by the respective claimants and the heirs of the deceased. 3. The learned counsel for the appellant fairly submits that some of the cases were settled before the Lok Adalat, before the Court below and the compensation amounts were settled to those claimants. 4....
Karuppiah Vs. K. Subbiah and Another
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, to prefer this Memorandum of grounds of Civil Miscellaneous petition against the Judgment and decreetal order passed in M.C.O.P.No.160 of 2002, dated 18/2/2004 on the file of the learned Subordinate Judge, Motor Accidents Claims Tribunal Pudukottai.) When the Civil Miscellaneous petition came up for hearing on 16.11.2016, there was no representation on behalf of the appellant and hence, the Civil Miscellaneous Petition is directed to be listed on 17.11.2016, under the caption for dismissal . Even today, there is no representation for the appellant. Hence, the Civil Miscellaneous Petition is dismissed for non-prosecution. No costs....
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