Chennai Court November 2016 Judgments
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M/s.Oriental Insurance Company Limited Vs. Jegadeesh and Another
Court: Chennai Madurai
Decided on: Nov-28-2016
1. It is the case of injury caused on account of the accident took place on 30.07.2006 around 05.30 p.m on Trichy-Ariyalur main road near Vellanoor Grave Yard. The injured claimant filed an application seeking compensation before the Motor Accident Claims Tribunal cum Sub Court, Trichy, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.44,000/-, as total compensation with interest at 7.5% per annum. The appellant insurance company preferred this appeal, challenging the quantum of compensation as excessive, on the ground that the injury sustained by the claimant is very simple in nature, for which, the Tribunal ought not to have awarded Rs.44,000/-. 2. It is pertinent to note that the person injured was 8 years of age at the time of accident and further, he was studying in III Standard in Child Jesus Matriculation School, Pullambadi. Therefore, this Court is not inclined to interfere with the impugned award passed by the Tribunal and accordingly, the i...
Krishnammal Vs. Sivaniammal and Others
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908, against the Judgment dated 07.03.2011 passed in A.S.No.12 of 2009 on the file of the Subordinate Court, Sankarankovil, thereby confirming and Decree judgment dated 04.12.2008 passed in O.S.No.275 of 2007 on the file of the Principal District Munsif Court, Sankarankovil.) 1. The Plaintiff is the appellant in this Second Appeal. The appellant herein filed a suit in O.S.No.275 of 2005 on the file of the Principal District Munsif Court, Sankarankovil, for declaration of title and consequential injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit property. The suit properties consist of two items. The first item is an extent of 21 cents out of total extent of 64 cents in Survey No.172/2 in Melaneelithanallur, Maruthankinar Village, Sankarankovil Taluk, Tirunelveli District. The second item consists of the remaining 43 cents in Survey No.172/2. 2. T...
The Oriental Insurance Co. Ltd. through its Branch Manager, Rajapalaya ...
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.232 of 2001 dated 22.01.2008, on the file of the Motor Accidents Claims Tribunal-cum-Principal District Court, Virudhunagar District at Srivilliputhur.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.915 of 2008, challenging the award passed inMCOP.No.232 of 2001, dated 22.01.2008, on the file of the Motor Accidents Claims Tribunal-cum-Principal District Court, Virudhunagar District at Srivilliputhur. 2. It is a case of an injury occurred on account of an accident took place on 26.12.2000 around 00.15 hours near Srivilliputhur-Madurai Main Road. The injured victim filed an application seeking compensation before the Motor Accidents Claims Tribunal-cum-Principal District Court, Virudhunagar District at Srivilliputhur in MCOP.No.232 of 2001. Considering the facts and circumstances of the case, the Tribunal awarded Rs.1,83,000/- as...
M. Jambunathan and Another Vs. Nandavanam Trust, Poovanur, Rep. by its ...
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 13.04.2010 made in A.S.No.58 of 2005 on the file of the Subordinate Judge, Mannargudi, confirming the Judgment and Decree dated 04.03.2009 made in O.S.No.30 of 2007 on the file of the Principal District Munsif Court, Mannargudi.) 1. Challenge in this second appeal is made by the defendants against the judgment and decree dated 13.04.2010 made in A.S.No.58 of 2009 in the file of the Subordinate Court, Mannargudi, confirming the judgment and decree dated 04.03.2009 made in O.S.No.30 of 2007 on the file of the Principal District Munsif Court, Mannargudi. 2. The suit has been laid by the plaintiff Trust for recovery of possession and mesne profits. 3. Asserting that the suit property belongs to the plaintiff Trust and alleging that inasmuch as the defendants have unauthorisedly encroached into the suit property, the plaintiff Trust has laid the suit against the defendants for re...
S. Oliprakasam Vs. A. Kanagasabai and Others
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Decree and Judgment dated 21.08.2006 in T.M.O.P.No.163 of 2004 on the file of the Principal District Judge, Tuticorin.) Judgment: S.M. Subramaniam, J. 1. The learned Counsel for the appellant, on instructions, would submit that the sole appellant died and hence, the Civil Miscellaneous Appeal may be dismissed as abated and he has also made an endorsement to that effect. 2. In view of the submission and the endorsement made by the learned Counsel for the appellant, this Civil Miscellaneous Appeal is dismissed as abated. There shall be no order as to costs....
The Oriental Insurance Company Limited, through its Divisional Manager ...
Court: Chennai Madurai
Decided on: Nov-28-2016
(Prayer: Appeals filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 21.01.2014 made in MCOP.Nos.525 and 526 of 2013 on the file of the Motor Accident Claims Tribunal cum Special Sub Judge, Tirunelveli.) Common Judgment: It is the case of injury caused on account of the accident took place on 26.03.2013 around 01.30 p.m on Tirunelveli-Tiruchendur main road near PMS I.T.I. The injured claimants filed applications in MCOP.Nos.525 and 526 of 2013, seeking compensation before the Motor Accident Claims Tribunal cum Special Sub Judge, Tirunelveli, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.1,67,720/- and Rs.3,14,870/- respectively, as total compensation with interest at 9% per annum. The appellant insurance company preferred these appeals, challenging the liability and quantum. 2. In respect of the liability, learned counsel for the appellant contended that before the Tribunal, the insurance company raised the que...
Lakshmi Vs. The Sub Registrar, Salem
Court: Chennai
Decided on: Nov-28-2016
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records with respect of the impugned proceedings passed by the respondent in the name of check slip dated 11.09.2012 and quash the same consequently directing the respondent herein to register the final decree proceedings dated 15.09.2011 passed in I.A.No.94 of 2006 in O.S.No.853 of 2002 on the file of the Principal District Munsif Court, Salem along with the report of the advocate commissioner and the plan.) 1. The petitioner's request to the respondent to register the final decree proceedings dated 15.09.2011 passed in I.A.No.94 of 2006 in O.S.No.853 of 2002 on the file of the Principal District Munsif Court, Salem, was rejected through a Check Slip dated 11.09.2012 on the ground that the presentation of the said document is barred by limitation prescribed under Sections 23 and 25 of the Registration Act, 1908. 2. Heard the learned counsel appearing f...
The Oriental Insurance Company Limited, through its Divisional Manager ...
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.125 of 2007, dated 30.09.2011, on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Virudhunagar District at Srivilliputtur.) 1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.1484 of 2013, challenging the award passed inMCOP.No.125 of 2007, dated 30.09.2011, on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Virudhunagar District at Srivilliputtur. 2.It is an unfortunate case of the fatal accident caused on account of an accident took place on 14.01.2007 around 7.45 a.m. on Srivilliputhur Madurai Main Road. The legal heirs of the deceased filed an application seeking compensation before the Motor Accidents Claims Tribunal, Principal District Judge, Virudhunagar District at Srivilliputtur in MCOP.No.125 of 2007. Considering the facts and circumstances of the case, the Tri...
S. Premakala Vs. State of Tamil Nadu Represented By Secretary To Gover ...
Court: Chennai
Decided on: Nov-28-2016
M.S. Ramesh, J. 1. Heard Mr.M.Sivavarthan, learned counsel for the petitioner and Mr. Mr.R. Govindasamy, learned Special Government Pleader for the respondents. 2. The brief facts of the case are as follows: The petitioner was subjected to disciplinary proceedings for causing loss of revenue to the Government to the extent of Rs.4,97,106/- while she was working as Sub Registrar (in charge), Konnur, Chennai North Registration District and charges were framed against her under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeals) Rules vide proceedings of the second respondent dated 27.06.2011. The charges were to the effect that the petitioner had failed to verify that the Original Sale Certificate received from the Debt Recovery Tribunal was duly stamped or not before indexing and filing the same and thereby caused loss of revenue to the Government. As the petitioner was due to retire on superannuation on 30.06.2011, she was permitted to retire without prejudice to the d...
R.P. Sarathy and Others Vs. Narasu's Coffee Company by Sivanantham, Sa ...
Court: Chennai
Decided on: Nov-28-2016
Introductory 1. The respondent, representing the Partnership firm, filed a suit for partition of the suit properties into four shares and allotment of one such share. Subsequently, the respondent filed an application in I.A.No.141 of 2014 for amendment of the plaint "to declare that the suit properties were the properties of the erstwhile firm viz., Narasu's Coffee Company and now the property of Narasus Coffee Company Limited" and for delivery of possession. The learned II Additional District Judge, Salem, allowed the application for amendment under a mistaken notion that similar petition filed by the petitioners herein for amendment in O.S.No.11 of 2010 was allowed. Feeling aggrieved, the respondents in I.A.No.141 of 2014 are before this Court. Brief Facts 2. The respondent filed a suit in O.S.No.50 of 2012 contending that Narasu's Coffee Company was constituted as a firm and that several items of properties were purchased by the firm in the name of individual partners. The partner o...
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