Chennai Court November 2016 Judgments
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The Kumbakonam Mutual Benefit Fund Ltd., Mylapore Branch, Represented ...
Court: Chennai
Decided on: Nov-29-2016
(Prayer: This Criminal revision is preferred under Sections 397 and 401 of Cr.P.C., against the order dated 30.3.2011 made in M.P.No.1460 of 2011 in Crime No.356 of 2011 by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai-600 015.) The Financier namely, Kumbakonam Mutual Benefit Fund Ltd., a third party, is the revision petitioner. 2. This revision arose in the following ways: Third respondent was Manager of NAC Jewellers/second respondent. R-2 believed him very much. But, he used to steal jewels like a rat eating rice little by little. He pledged the stolen jewels with the revision petitioner, namely, Kumbakonam Mutual Benefit Fund Limited. One day the cat came out of the bag. Missing of the jewels came to light. Suddenly, third respondent disappeared. Consequently, second respondent appeared before the Police/first respondent and lodged a complaint. A case in Crime No.356 of 2011 has been registered. 3. R-3 was caught. Based on his confessional statement, huge items of je...
The Oriental Insurance Company Limited, through its Branch Manager, Vi ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(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.24 of 2012, dated 19.06.2015, on the file of the Motor Accident Claims Tribunal-cum-Sub Court, Sankarankovil.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.588 of 2016, challenging the award passed inMCOP.No.24 of 2012, dated 19.06.2015, on the file of the Motor Accident Claims Tribunal-cum-Sub Court, Sankarankovil. 2. It is a case of an injury caused in an accident took place on 05.04.2012 around 9.00 a.m. near Paraipatti Hindu Middle School. The injured victim has filed an application seeking compensation before the Tribunal. Considering the facts and circumstances of the case, the Tribunal awarded Rs.69,000/- as compensation and further ordered for pay and recovery. 3. The Tribunal has directed the Insurance Company to pay the compensation and recover the same from the owner of the vehicle, since the claiman...
The Divisional Manager, United India Insurance Co. Ltd., Dindigul Vs. ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 03.04.2006 made in M.C.O.P.No.285 of 2004 on the file of the Motor Accident Claims Tribunal, Additional Subordinate Judge, Dindigul.) 1. The appellant/United India Insurance Company Ltd., filed the present C.M.A.No.1297 of 2006, challenging the award passed in M.C.O.P.No.285 of 2004 by the Motor Accidents Claims Tribunal/ Additional Subordinate Judge, Dindigul. 2. It is a case of injury caused on account of the accident took place at about 5.00 a.m. on 30.04.2003 at Kovilur Diversion at Vadamadurai to Dindigual Road. The 1st respondent/claimant filed M.C.O.P.No.285 of 2004 before the Motor Accident Claims Tribunal cum Additional Subordinate Judge, Dindigul. Considering the facts and circumstances of the case, the Tribunal awarded Rs.3,75,000/- towards the compensation. Challenging the same, the appellant United India Insurance Company preferred this Civil Mi...
M/s. Oriental Insurance Company Ltd., Rep. by its Branch Manager, Cont ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree dated 16.08.2012 in M.C.O.P.No.1870 of 2006, on the file of the Motor Accidents Claims Tribunal-cum-I Additional Sub-Judge, Thirichirappalli.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.645 of 2015, challenging the award passed inMCOP.No.1870 of 2006, dated 16.08.2012, on the file of the Motor Accidents Claims Tribunal-cum-I Additional Sub-Judge, Thirichirappalli. 2. It is a case of an injury caused on account of an accident took place on 20.01.2006 around 01.00 p.m. in Muthukudiyarpatti to Kabilarpatti Road. The injured victim filed an application seeking compensation before the Tribunal. Considering the facts and circumstances of the case, the Tribunal awarded Rs.1,12,000/-. Challenging the same, the appellant/Oriental Insurance Company preferred this appeal mainly on the ground that the accident occurred in a Tractor and the r...
Kannan Vs. The Proprietor M/s.K.S.S. Bus Transport Firm, Sivagangai an ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 06.08.2012 made in M.C.O.P.No.109 of 2009, on the file of the Motor Accidents Claims Tribunal, Devakottai.) 1. The appellant has filed the present C.M.A(MD)No.146 of 2015, challenging the award passed inMCOP.No.109 of 2009, dated 06.08.2012, on the file of the Motor Accidents Claims Tribunal, Devakottai. 2. It is a case of an injury caused on account of an accident occurred on 23.07.2009 near Thiruthuraipoondi-Nagapattinam Main Road. The injured victim filed an application seeking compensation before the Tribunal. Considering the facts and circumstances of the case, the Tribunal awarded Rs.6,04,277/- as total compensation. Having not satisfied with the quantum of compensation, the appellant/claimant has filed this appeal seeking enhancement. The enhancement is sought for mainly on the ground that he sustained grievous injury including fracture, resulting perm...
V. Vijayaraman and Others Vs. C. Karuppan and Others
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer:Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgement and Decree in A.S.No.20 of 2011 passed by the Additional District Court, Ramanathapuram, dated 06.04.2016 reversing the Judgment and Decree in O.S.No23 of 2008 passed by the Subordingate Judge, Paramakudi dated 07.07.2011.) 1. The defendants 1 to 4 in the suit are the appellants in this Second Appeal. 2. The plaintiff, namely, the first respondent herein filed a suit in O.S.No.23 of 2008 on the file of the Sub-Court, Paramakudi, for partition of the plaintiff's share in the suit property. The suit properties consists of several items and even along with the plaint, the plaintiff has produced the genealogy. 3. The case of the plaintiff in the plaint are as follows:- 3.1. The suit property originally belonged to one Chithuri and the said Chithuri died leaving behind two sons and two daughters. The two sons are namely Veerachamy and Sokkaraman. The daughters are namely Mookkayi and Parvathy...
The Managing Director, Tamil Nadu State Transport Corporation (Kumbako ...
Court: Chennai Madurai
Decided on: Nov-29-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree made in M.C.O.P.No.491 of 2013, dated 03.07.2013, on the file of the Motor Accidents Claims Tribunal / Special District Court, Tiruchirappalli.) 1. The appellant/Transport Corporation has filed the present C.M.A(MD)No.629 of 2015, challenging the award passed inMCOP.No.491 of 2013, dated 03.07.2013, on the file of the Motor Accidents Claims Tribunal / Special District Court, Tiruchirappalli. 2. It is a case of a fatal accident caused on account of an accident took place on 18.06.2010 around 05.15 p.m. in Kariyamanikkam to Kanniyakudi Road. The heirs of the deceased filed an application seeking compensation before the Tribunal. Considering the facts and circumstances of the case, the Tribunal awarded Rs.8,82,400/- as total compensation. Challenging the same, the appellant/Transport Corporation filed the present appeal on the ground that the quantum of compensation ...
Sakthivel Vs. Ramasamy and Others
Court: Chennai
Decided on: Nov-28-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree made in A.S.No.24 of 2006 on the file of the Principal Subordinate Judge, Vridhachalam, dated 29.01.2010 as confirmed by the Judgment and decree made in O.S.No.56 of 1997 on the file of the 2nd Additional District Munsif Court, Vridhachalam, dated.29.04.2005. Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree made in A.S.No.3 of 2006 on the file of the Principal Subordinate Judge, Vridhachalam, dated 29.01.2010 as confirmed by the Judgment and decree made in O.S.No.472 of 1997 on the file of the 2nd Additional District Munsif Court, Vridhachalam, dated.29.04.2005. Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree made in A.S.No.22 of 2006 on the file of the Principal Subordinate Judge, Vridhachalam, dated 29.01.2010 as confirmed by the Judgment and decree made in O.S.No.314 of 2004 on th...
G. Mohanasundaram Vs. Vijayalakshmi
Court: Chennai
Decided on: Nov-28-2016
(Prayer: This Criminal revision is filed under Section 397 r/w 401 of Cr.P.C., against the order, dated 25.11.2011 in C.R.P.No.69 of 2011 on the file of Additional Sessions Judge, (Fast Track Court No.1), Coimbatore reversing the order, dated 10.12.2010 passed in M.C.No.3 of 2006 on the file of the Judicial Magistrate, Mettupalayam.) 1. An husband relentlessly fights against his wife. 2. Now, the fight has become as between an ex-husband and an ex-wife. 3. The husband against whom order, dated 25.11.2011 passed by the learned Additional Sessions Judge, (Fast Track Court No.1), Coimbatore in C.R.P.No.69 of 2011 is the revision petitioner. 4. On 20.5.2005, the marriage between the revision petitioner and the respondent took place in Mettupalayam in Coimbatore district. Unfortunately, they have no issues, but have issues. In the circumstances, the respondent came back to her parents' house on 9.7.2005. There were exchange of notices. Thereafter, she sought for maintenance under Section 12...
The Branch Manager, The United India Insurance Company Limited, Thanja ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 23.08.2011 made in MCOP.No.809 of 2004 on the file of the Motor Accident Claims Tribunal, Principal Sub Judge, Trichy.) 1. It is the case of injury caused on account of the accident took place on 06.10.2003 around 05.30 hours on Trichy to Tanjore main road near Electronic bus stop. The vehicle involved in the accident is a two-wheeler and the pillion/injured claimant filed an application seeking compensation before the Motor Accident Claims Tribunal, Principal Sub Court, Trichy, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.1,55,000/-, as total compensation with interest at 7.5% per annum. The appellant insurance company preferred this appeal, on the ground that it is Act only policy and therefore, the Tribunal has committed an error by fixing the liability on the part of the appellant insurance company, instead of fixing liability on the owner...
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