Chennai Court November 2016 Judgments
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Branch Manager, The Oriental Insurance Company Limited, Krishnan Stree ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.34 of 2013, dated 06.03.2014, on the file of the Motor Accidents Claims Tribunal-cum-Sub Judge, Periyakulam.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.540 of 2014, challenging the award passed inMCOP.No.34 of 2013, dated 06.03.2014, on the file of the Motor Accidents Claims Tribunal-cum-Sub Judge, Periyakulam. 2.The fatal accident took place on 28.07.2012, when the deceased one Mr.Jeyachandran along with his friends boarded in a Qualis car bearing Registration No.TN20-P-1313, which was insured under the Oriental Insurance Company. The deceased was an occupant in the car and the car was proceeding from Chennai to Trichy. The driver of the car rashly over took a two wheeler and a lorry was flying ahead. The Qualis car lost his control due to over speeding and dashed with a two wheeler and consequently hit the lorry also. Con...
R. Muthukumar Vs. The Chairman, Tamil Nadu Power Generation and Distri ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the second respondent, dated 30.07.2014, in his proceeding letter Na.Ka.No.08040/256/Ma Po/Theni/U.Ni.A9/Ni P.2/U2/Ko.Va Ve/2014, quash the same and further direct the respondents to provide petitioner an employment in any suitable post on petitioner's educational qualification under compassionate grounds in their Department.) 1. This writ petition has been filed seeking to quash the order passed by the second respondent, dated 30.07.2014, by which the claim for compassionate appointment has been rejected on three grounds and to provide employment in any suitable post, based on petitioner's educational qualification under compassionate grounds in their Department. 2. The second respondent, by the proceedings, dated 30.07.2014, has informed the petitioner's mother, R.Lakshmi, that the applica...
Dhanam and Others Vs. Palaniammal
Court: Chennai
Decided on: Nov-28-2016
(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 18.08.2010 made in A.S.No.54 of 2005 passed by the Subordinate Court, Ariyalur, confirming the Judgment and Decree dated 21.02.2005 made in O.S.No.188 of 2000 passed by the District Munsif Court, Jayankondam.) 1. The defendants have preferred this second appeal, challenging the judgment and decree dated 18.08.2010 made in A.S.No.54 of 2005 on the file of the Sub Court, Ariyalur, reversing the judgment and decree dated 21.02.2005 made in O.S.No.188 of 2000 on the file of the Principal District Munsif Court, Jeyankondam. 2. The suit has been laid for partition and permanent injunction. 3. The plaintiff is the daughter of Vellaiya Padaiyachi, the defendants 1 and 2 are the daughters of Ayyasamy Padaiyachi. Vellaiya Padayachi and Ayyasamy Padaiyachi are the sons of Narayanan. According to the plaintiff, the suit property was owned by Narayanan and enjoyed by him and his sons and...
R. Manikandan Vs. Umavathi
Court: Chennai Madurai
Decided on: Nov-28-2016
(prayer: Appeal filed under Section 28 of the Hindu Marriage Act read with Section 100 of the Civil Procedure Code, against the judgment and decree dated 26.03.2012 made in HMCMA.No.1 of 2011 on the file of Principal District Judge, Dindigul, confirming the judgment and decree dated 20.07.2010 in HMOP.No.124 of 2003 on the file of the Principal Sub Judge, Dindigul.) Judgment: S.M. Subramaniam, J. 1. The respective counsels both for the appellant and the respondent filed a joint compromise memo dated 28.11.2016, which reads as follows:- ''It is respectfully submitted that in the above matter, in the interest of the welfare of the children of the appellant and the respondent, so also at the request of the family elders of the both the families, the appellant and the respondent herein have decided to reunite themselves and hence this memo is filed before this Hon'ble Court. It is therefore prayed that this Hon'ble Court may be pleased to record the above submissions and pass suitable orde...
The Branch Manager, Oriental Insurance Company Limited, Palakkadu Vs. ...
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 14.09.2011 made in MCOP.No.216 of 2008 on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Pudukkottai.) Judgment: S.M. Subramaniam, J. 1. It is the case of injury caused on account of the accident took place on 31.07.2007 around 05.00 p.m on Pudukottai to Annavasal road near Annavasal Union Office. The injured claimant filed application seeking compensation before the Motor Accident Claims Tribunal, cum Chief Judicial Magistrate, Pudukkottai, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.1,63,000/-, as total compensation with interest at 7.5% per annum. The appellant insurance company preferred this appeal, challenging the quantum of compensation. 2. Learned counsel for the appellant contended that the Tribunal has wrongly adopted the multiplier method instead of fixing compensation based on the assessment of disab...
The Oriental Insurance Company Limited, Rep. by its Branch Manager, Ra ...
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 13.02.2014 made in MCOP.No.499 of 2009 on the file of the Motor Accident Claims Tribunal cum Additional Sub Judge, Tirunelveli.) It is the case of injury caused on account of the accident took place on 16.03.2009 around 01.00 p.m on Kondavaiyanpatti road near Thattanpati Vilakku. The injured claimant filed application in MCOP.No.499 of 2009, seeking compensation before the Motor Accident Claims Tribunal, Sub Judge, Tirunelveli, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.1,49,278/-, as total compensation with interest at 7.5% per annum. The appellant insurance company preferred this appeal, on the ground that though the Tribunal found that the driver, who was driving the vehicle which met with the accident did not have the required badge endorsement in the licence, erred in not ordering pay and recovery. 2. In respect of the liability of the ...
Athimamunivar Yadava Samuthaya Trust, Nagercoil, represented by its Tr ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Common Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India, praying this Court to set aside the fair and decretal orders made in I.A.Nos.16,17 and 46 of 2016 in O.S.No.407 of 2010, dated 25.4.2016, on the file of the I Additional Subordinate Court, Nagercoil.) Common Order: 1. C.R.P.No.2401 of 2016 is filed against the order passed in I.A.No.16 of 2016 to re-open the case, C.R.P.No.2401 of 2016 is filed against the order passed in I.A.No.17 of 2016 to recall the evidence Of P.W.1 and C.R.P.NO.2403 of 2016 is filed to permit the petitioner to file additional affidavit. 2. The learned counsel for the Petitioners would submit that the first respondent herein filed the suit for declaration and permanent injunction and for other reliefs. In the aforesaid suit, evidence of the plaintiff was examined as P.W.1 and thereafter the Petitioners/defendants 4 to 6 filed the present applications in I.A.Nos.16 of 2016 and I.A.No.17 of 2016 to reopen and recall the ev...
The Branch Manager, Oriental Insurance Company Ltd., Pudukottai Distri ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree in M.C.O.P.No.361 of 2012, dated 31.01.2013, on the file of the Motor Accident Claims Tribunal, Additional District Court, Pudukottai.) Judgment: 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.1763 of 2013, challenging the award passed inMCOP.No.361 of 2012, dated 31.01.2013, on the file of the Motor Accident Claims Tribunal, Additional District Court, Pudukottai. 2.The fatal accident of the case on hand occured on 26.02.2010 around 08.10 hours near Alangudi Bus Stand. The heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal, Additional District Court, Pudukottai in MCOP.No.361 of 2012. Considering the facts and circumstances of the case, the Tribunal awarded Rs.4,65,000/- as total compensation. Challenging the same, the appellant/Oriental Insurance Company has preferred this appea...
Dr. Manuneethi Cholan Vs. The Dy.Superintendetn of Police, CBI ACB Che ...
Court: Chennai
Decided on: Nov-28-2016
(Prayer: Criminal Revision Case is filed to direct the third respondent to permit the petitioner to withdraw the amounts lying to the credit of Savings Bank Account bearing No.895393603, held by the petitioner with them, pending disposal of the above criminal revision petition.) 1. The Criminal Appeal has been filed to direct the third respondent to permit the petitioner to withdraw the amounts lying to the credit of Savings Bank Account bearing No.895393603, held by the petitioner with them, pending disposal of the above criminal revision petition. 2. The case of the revision petitioner is that on 26.08.2014, the first respondent registered a case against this petitioner and the second respondent herein in RC MAI 2014 A 0037 for the offence alleged u/s.120 B of IPC r/w Sections 7,12,13 (2) and 13(1) (d) of the Prevention of Corruption Act,1988. In pursuant to the case registered by the first respondent in RC MAI 2014 A 0037, the first respondent had frozen his saving bank account bear...
T. Lissi Bai and Others Vs. G.L. Jeepa Judit
Court: Chennai Madurai
Decided on: Nov-28-2016
(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.398 of 2014 in O.S.No.186 of 2012, dated 09.09.2014, on the file of the Additional District Munsif, Padmanabhapuram.) Order: 1. The learned counsel for the Petitioners seeks permission of this Court to withdraw the 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. Consequently, connected Miscellaneous Petition is dismissed. No costs....
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