Chennai Court November 2016 Judgments
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J. Rajaganapathy Vs. P. Mani and Another
Court: Chennai Madurai
Decided on: Nov-09-2016
(Prayer: Memorandum of Grounds of Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 18.9.2013 made in M.C.O.P.No.1381 of 2009 on the file of the Motor Accident Claims Tribunal, Special Subordinate Judge No.2, Salem.) 1. The injured appellant/claimant, aged about 34 years, made a claim before the Tribunal for payment of compensation of Rs.10,00,000/- on the ground that while he was driving the bus bearing Registration No.TN 30 N 0317 belonging to the Tamil Nadu State Transport Corporation Limited, Erumapalayam Second Branch, Salem Division from Erode towards Salem on 1.12.2008 at about 3.15 A.M., near Uthama Cholapuram bus stop, another private bus bearing Registration No.TN 52 N 2227 belonging to the first respondent came from the opposite direction, namely, from Salem to Erode and hit against the bus driven by the appellant, as a result of the head-on-collision, apart from the injuries sustained by the occupants of both the...
The Branch Manager, National Insurance Company Limited Vs. Periyathamb ...
Court: Chennai Madurai
Decided on: Nov-09-2016
(Prayer:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Order and Decreetal Order dated 22.03.2013 and made in M.C.O.P.No.675 of 2010, on the file of the Motor Accidents Claims Tribunal / Principal District Judge, Pudukottai.) 1. The appellant/Insurance Company Limited has filed the present C.M.A(MD)No.397 of 2014, challenging the award passed in M.C.O.P.No.675 of 2010, dated 22.03.2013, on the file of the Motor Accidents Claims Tribunal/Principal District Judge, Pudukottai. 2. The accident took place on 07.11.2007 near Meemisal Bus stop. Unfortunately, it is a case of fatal accident and the deceased was died instantly on the spot. The heirs of the deceased filed the application for compensation before the Motor Accident Claims Tribunal/Principal District Court, Pudukottai and the Tribunal by considering the facts and circumstances of the case and the other aspects relating to the claim application, passed an award granting Rs.2,85,000/- a...
United India Insurance Company Limited, Represented by its Branch Mana ...
Court: Chennai Madurai
Decided on: Nov-09-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 01.10.2010 made in M.C.O.P.No.1038 of 2009, on the file of the Motor Accident Claims Tribunal/Additional District Judge, Fast Track Court No.2, Tirunelveli.) 1. The appellant/Insurance Company Limited has filed the present C.M.A(MD)No.1225 of 2012, challenging the award passed in M.C.O.P.No.1038 of 2009, dated 01.10.2010, on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Fast Track Court No.2, Tirunelveli. 2. The accident took place on 18.06.2009, it is a case of fatal and the deceased was died instantly on the spot and the heirs of the deceased filed the claim petition, seeking compensation before the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.2, Tirunelveli. By considering the facts and circumstances of the case, the Tribunal awarded Rs.5,35,000/- towards total compensation. 3. The contention...
Arumugham Vs. The State rep. by the Inspector of Police, Thiruvallur D ...
Court: Chennai
Decided on: Nov-09-2016
(Prayer: This Criminal revision is filed under Section 379 and 401 of Cr.P.C., against the judgment made in C.A.No.100 of 2010, dated 31.03.2011 on the file of the Principal Sessions Judge, Thiruvallur confirming the conviction and sentence awarded by the Judicial Magistrate No.2, Ponneri in C.C.No.364 of 2004, dated 29.11.2010.) The accused in C.C.No.364 of 2004 is the revision petitioner. 2. According to the prosecution, on 13.10.2003 at 12 noon, when the deceased was walking at T.H. road, near electric transformer at Padmavathy Nagar, Minjur, the accused came driven a tractor bearing No.T.N.20-U 7980 in a rash and negligent manner hit the passerby who sustained injuries and died of the accident injuries. He was prosecuted for the offences under section 279, 304(A) I.P.C. before the learned Judicial Magistrate No.II, Ponneri. The complaint was lodged by one Dilli Babu who died subsequently in some other incident. Prosecution examined P.Ws.1 to 8 and exhibited Ex.P1 to P9. 3. The tria...
Jothiprakasam and Another Vs. Dhanagopal, Another
Court: Chennai
Decided on: Nov-09-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree of the Subordinate Judge, Neyveli made in A.S.No.8 of 2009, dated 29.01.2010 confirming the Judgement and Decree dated 27.11.2008 made in O.S.No.23 of 2005 on the file of the District Munsif-cum-Judicial Magistrate, Neyveli.) 1. Challenge in this second appeal is made by the defendants 1 and 2 against the judgement and decree dated 29.01.2010 made in A.S.No.8 of 2009 on the file of the Subordinate Court, Neyveli, confirming the judgment and decree dated 27.11.2008 made in O.S.No.23 of 2005 on the file of the District Munsif - cum -Judicial Magistrate, Neyveli. 2. The suit has been laid for declaration and mandatory injunction. 3. The averments contained in the plaint, in brief, are stated as follows: The suit property belonged to Murugesa Padayachi as his ancestral property and he was employed in NLC and died on 06.06.1982 leaving his wife Saradhambal as his sole heir. They have n...
The Branch Manager, National Insurance Company Limited Vs. R. Jayakuma ...
Court: Chennai Madurai
Decided on: Nov-09-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Order and Decreetal Order dated 31.08.2012 and made in M.C.O.P.No.25 of 2012, on the file of the Motor Accidents Claims Tribunal / Chief Judicial Magistrate, Kumbakonam.) 1. The appellant/Insurance Company Limited has filed the present C.M.A(MD)No.515 of 2014, challenging the award passed in M.C.O.P.No.25 of 2012, dated 31.08.2012, on the file of the Motor Accidents Claims Tribunal/ Chief Judicial Magistrate, Kumbakonam. 2. The learned counsel appearing for the appellant/Insurance Company fairly concedes that it is a case of injury and the F.I.R. was filed against the driver, who was driving the vehicle and the vehicle was insured with the appellant/Insurance Company. It is further contended that the charge sheet was also filed against the driver, who was driving the vehicle, which was insured with the appellant/Insurance company and therefore the grounds raised in the present appeal...
A. Kalpana and Another Vs. P. Jeyakumar
Court: Chennai Madurai
Decided on: Nov-09-2016
1. The petitioners are arrayed as A.1 and A.2 in S.T.C. No. 875 of 2010 on the file of the Judicial Magistrate No.2, Madurai, instituted by the respondent seeking their prosecution for the commission of the offences under Section 138 read with Section 142 of the Negotiable Instruments Act. 2. A perusal of the complaint would disclose, among other things, that in respect of the transaction, two cheques in question have been issued by the first petitioner/A.1 alone. Though it is averred that the first cheque was issued by the first petitioner/A.1 on behalf of the second petitioner/A.2, Mr. N. Mohideen Basha, learned Counsel for the petitioners/A.1 and A.2 would contend that the cheques in question have been obtained by way of coercion by utilising the services of the police and as such, the complaint is nothing, but false and concocted one and therefore, he prays for quashment of the same. 3. The learned Counsel for the respondents is absent. 4. In the considered opinion of this Court, w...
Vallabhi Vs. R. Rajasabhai
Court: Chennai
Decided on: Nov-09-2016
Prayer: This Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act against the fair and decretal order dated 27.02.2007, passed in F.C.O.P. No. 2135 of 2005 on the file of the Principal Family Court, Chennai.) Pushpa Sathyanarayana. J 1. Happy is the man who finds a true friend, and far happier is he who finds that true friend in his wife. A successful marriage requires falling in love many times, always with the same person. Let the wife make the husband glad to come home, and let him make her sorry to see him leave. 2. Nowadays, marriage has become biggest gamble in human life. We never know when and how this relation sours and ends. Couples in urban areas split up more often than we might think. Unfortunately, couples often arrive for remedy with some knowledge that the relationship is either hanging by a thread or even that one or both members is seeking a sort of permission to dissolve the connection. There are cases where one of the partners approaches the co...
The Branch Manager, The New India Assurance Company Ltd. Vs. Gowsalya ...
Court: Chennai Madurai
Decided on: Nov-09-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 29.11.2008 and made in M.C.O.P.No.37 of 2007, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Tuticorin.) 1. The appellant/New India Assurance Company Limited has filed the present C.M.A(MD)No.386 of 2009, challenging the award passed in M.C.O.P.No.37 of 2007, dated 29.11.2008, on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Tuticorin. 2. It is a case of the grievous injury and the claimant filed the application for compensation. Considering the facts and the circumstances of the case, the Tribunal awarded Rs.9,53,425/- as total compensation. 3. The contention of the learned counsel appearing for the first respondent/claimant is that the lorry insured with the first respondent dashed with the Ambassador Car, in which the respondent/claimant was travelling. Considering the facts and the circumstances of the case,...
T. Kuppayan Vs. The Managing Director, Tamil Nadu State Transport Corp ...
Court: Chennai Madurai
Decided on: Nov-09-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against Judgment and Decree dated 12.08.2003 made in M.C.O.P.No.14 of 2000, on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate) Ramanathapuram.) 1. The present case on hand, is a case of grievous injury in the right shoulder and the fracture in the right hand. The claimant, at the time of accident was aged about 42 years and was in occupation as a Sweeper in Pudumadam Panchayat Board. The claimant filed the application before the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Ramanathapuram and the Court considering the nature of injury and based on the evidences available, awarded Rs.20,500/- towards total compensation. 2. The present appeal is filed by the claimant on the ground that he sustained permanent disability, in view of the injury in the shoulder and accordingly, the compensation is less and is to be enhanced. The findings of the Tribunal is ver...
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