Chennai Court November 2016 Judgments
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National Insurance Company Limited, Through its Branch Manager, Office ...
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 22.03.2013 passed in M.C.O.P.No.1044 of 2012 on the file of the Motor Accident Claims Tribunal (IV Additional District Judge), Tirunelveli.) 1. The appellant/Insurance Company Limited filed the present civil miscellaneous appeal, challenging the award passed in M.C.O.P.No.1044 of 2012 dated 22.03.2013 by the Motor Accident Claims Tribunal (IV Additional District Judge), Tirunelveli. 2. It is the case of injury caused due to the accident that took place on 19.05.2010 at about 07.30 p.m on the Nagerkoil - Thuckalay Main Road. The injured/victim, filed a claim petition seeking compensation before the Motor Accident Claims Tribunal (IV Additional District Judge), Tirunelveli. The Tribunal, considering the facts and circumstances of the case awarded a sum of Rs.5,61,000/- as total compensation with interest at 7.5% p.a, against which, the appellant Insurance Comp...
Kaliappan Vs. The Assistant Commissioner, Hindu Religious and Charitab ...
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to formally resume possession of Survey No.310/1 and 310/2 measuring extent of 6 acres and 75 cents and covered under patta No.801 in Koovanuthur Village and frame a proper scheme for the enforcement of the charitable object for which the said lands were endowed. Order: 1. The writ petition has been filed by the petitioner for the issuance of a Writ of Mandamus,directing the first respondent to formally resume possession of Survey No.310/1 and 310/2 measuring extent of 6 acres and 75 cents and covered under patta No.801 in Koovanuthur Village and frame a proper scheme for the enforcement of the charitable object for which the said lands were endowed. 2. Heard Mr.G.R.Swaminathan, learned counsel for the petitioner as well as the Mr.Aairam K.Selvakumar learned Government Advocate appearing for the first respondent and Mr.M.Gnanagurunathan, learned counsel ...
The Branch Manager, The Oriental Insurance Co. Ltd., Siva Complex, Sal ...
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.10,000(Rupees Ten Thousand only) passed in M.C.O.P.No.667 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. The ...
Navaneetham Vs. Dhanaraj
Court: Chennai
Decided on: Nov-17-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 30.10.2010 made in A.S.No.16 of 2010 on the file of the Sub Court, Ranipet, confirming the judgment and decree dated 14.10.2009 made in O.S.No.48 of 2008 on the file of the District Munsif Court, Ranipet.) 1. Impugning the judgment and decreed dated 30.10.2010 made in A.S.No.16 of 2010 on the file of the Sub Court, Ranipet, confirming the judgment and decree dated 14.10.2009 made in O.S.No.48 of 2008 on the file of the District Munsif Court, Ranipet, the defendant has preferred this second appeal. 2. The suit has been laid for permanent injunction and mandatory injunction. 3. The averments contained in the plaint are briefly stated as follows: The A schedule property is the ancestral property of the plaintiff. The plaintiff's father Rangasamy died several years ago intestate leaving behind his three sons viz., Sivalingam, Kanniappan and the plaintiff, Dhanaraj. The plaintiff...
Lingan @ Lingaraj Vs. State rep. by Inspector of Police Tiruppur South ...
Court: Chennai
Decided on: Nov-17-2016
(Prayer: Appeal filed under Section 374 (2) of Cr.P.C. against the conviction and sentence passed in S.C. No. 277 of 2006 dated 30.03.2007, by the learned Additional District and Sessions Judge (Fast Track Court No.2) Coimbatore, convicting the appellant herein u/s.397 IPC and sentencing him to undergo 7 years RI and to pay fine of Rs.500/- in default to undergo three months SI.) 1. A-1 in the Sessions Case in S.C. No.277 of 2006 on the file of the learned Additional Sessions Judge (FTC No.II) Coimbatore, is the appellant. 2. He was tried for a charge under Section 397 IPC before the said Court. 3. After trial, the trial court, while acquitting A-2, convicted A-1, under Section 397 IPC and sentenced him to 7 years R.I and fined Rs.500/-, I/d, 3 months S.I. He has paid the fine amount. 4. The case of the prosecution in brief runs as under :- 1. On 08.07.1999, at about 1.30 p.m, in a bag PW-1 carried cash in a two wheeler to Bank. He was waylaid by two persons. They were holding Aruval a...
National Insurance Company Limited, Namakkal, through its Branch Manag ...
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the order and decree dated 26.07.2005 passed in M.A.C.O.P.No.1462 of 2002 on the file of the Motor Accident Claims Tribunal (Additional District Judge/Fast Track Court No.2), Tirunelveli.) 1. The appellant/Insurance Company Limited filed the present civil miscellaneous appeal, challenging the award passed in M.A.C.O.P.No.1462 of 2002 on the file of the Motor Accident Claims Tribunal (Additional District Judge/Fast Track Court No.2), Tirunelveli. 2. It is a case of fatal accident that took place on 03.01.2002 at about 18.00 hours near Tuticorin - Palayamkottai Main Road and the death occurred on the spot itself. The legal heirs of the deceased, filed a claim petition seeking compensation before the Motor Accident Claims Tribunal (Additional District Judge/Fast Track Court No.2), Tirunelveli. The Tribunal, considering the facts and circumstances of the case awarded a sum of Rs.3,75,000/- a...
Union of India, Through its Secretary, Ministry of Defence, New Delhi ...
Court: Chennai Madurai
Decided on: Nov-17-2016
(Prayer:Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 28.02.2002 made in A.S.No.147 of 2001 on the file of the Principal District Court, Tirunelveli, confirming the Judgment and decree dated 11.04.2001, made in O.S.No.133 of 1998 on the file of the II Additional Subordinate Court, Tirunelveli.) 1. This Second Appeal has been filed against the judgment and decree dated 28.02.2002 made in A.S.No.147 of 2001 on the file of the Principal District Court, Tirunelveli, confirming the Judgment and decree dated 11.04.2001, made in O.S.No.133 of 1998 on the file of the II Additional Subordinate Court, Tirunelveli. 2. The appellants are the defendants, who partly succeeded in both the Courts below. The respondent is the plaintiff. 3. Facts of the case: (i) The respondent filed a suit in O.S.No.133 of 1998 before the II Additional Subordinate Court, Tirunelveli, against the appellants, claiming a sum of Rs.1,88,227.50 towards subscription a...
TATA AIG Insurance Company Ltd., Branch -III, Peninsula Corporate Park ...
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 fair and decreetal order dated 25.04.2008, and made in M.C.O.P.No.347 of 2006 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Kulithalai, Karur District and to allow this appeal.) 1. It is a case of death of a bachelor, occurred due to the accident took place on 09.08.2005, at about 12.00 noon, near Vellalar Street Junction, Kodambakkam Arcot Road, Chennai. 2. The only legal heir who is the mother of the deceased Manivel Arumugam filed an application before the Motor Accidents Claims Tribunal, Kulithalai and the Tribunal, after considering the facts and circumstances of the case, granted award amount of Rs.6,07,000/- as total compensation. 3. The appellant/TATA AIG Insurance Company prepared this appeal solely on the ground that the deceased was a bachelor and therefore, the age has to be calculated by taking the average age of the claimant. The learned c...
The Management of K.2078, Akkarai Sengapalli Primary, Agricultural Co- ...
Court: Chennai
Decided on: Nov-17-2016
1. The prayer in the writ petition is for a writ of certiorarified mandamus, calling for the records on the file of the 2nd respondent in Endt. No. Dis.7689/2005 dated 10.8.2005 and quash the same and direct the 2nd respondent to accept and decide the Interlocutory application filed by the petitioner bank seeking condone delay in filing appeal against the orders passed in PSA 4/2002 dated 3.10.2002 by the 2nd respondent. 2. The case of the petitioner is that the first respondent was the employee of the petitioner Co-operative Bank and for the mistake committed by him, an enquiry was conducted, pending which he was placed under suspension on 09.1.1997 and ultimately, the first respondent was removed from service from 18.9.1999 by the proceedings of the petitioner dated 20.9.1999. 3. The first respondent had filed a petition under the Tamil Nadu Payment of Subsistence Allowance Act, before the second respondent, who is the authority under the Act claiming subsistence allowance from the d...
S. Varadarajan Vs. The Secretary to Government, Education Department a ...
Court: Chennai
Decided on: Nov-17-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in his proceedings RC.No.40361/12/2009, dated 01.02.2010 and quash the same and direct the respondents to promote the petitioner as Assistant Elementary Educational Officer with effect from the date of his application.)1. The prayer in the Writ Petition is for a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in his proceedings RC.No.40361/12/2009, dated 01.02.2010 and quash the same and direct the respondents to promote the petitioner as Assistant Elementary Educational Officer with effect from the date of his application.2. The case of the petitioner is that the petitioner was serving as Headmaster in the erstwhile Vivekanandha Aided Primary School, Chinna Allapuram, Vellore from 22.01.1999 till August 2008. When the Management had handed over the School to the Department fo...
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