Kerala Court December 2019 Judgments
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Madhu Nair vs State of Kerala,
Court: Kerala
Decided on: Dec-17-2019
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941 WP(C).No.11710 OF 2019(K) PETITIONER: MADHU NAIR AGED 71 YEARS, T.C.NO.34/803, VALIATHOPPE, VALIATHOPPE P.O., THIRUVANANTHAPURAM- 695008. BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SMT.A.MEGHA SMT.ALEENA K BABU RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, CONSUMER AFFAIRS DEPARTMENT, THIRUVANANTHAPURAM- 695001. 2 CONSUMER DISPUTES REDRESSAL FORUM, THIRUVANANTHAPURAM, SISUVIHAR LANE, VAZHUTHACAUD, 3 POPULAR HYUNDAI, POPULAR MOTOR WORLD PVT. LTD., NEAR KARAMANA BRIDGE, NEERAMANKARA, REPRESENTED BY ITS MANAGER PIN - 695 112. 4 MANAGER, RELIANCE GENERAL INSURANCE LTD., 3RD FLOOR, LEVEL 5, TRANS TOWERS, VAZHUTHACAUD, BY SR. GOVERNMENT PLEADER SRI. M.R. SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:JU...
Shaji M.a vs Kerala State Road Transport Corporation
Court: Kerala
Decided on: Dec-17-2019
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941 WP(C).No.20324 OF 2018(M) PETITIONERS: 1 TRANSPORT DEMOCRATIC FEDERATION (T.D.F) REG. NO.01-06 OF 2002, H.O.S. VARADARAJAN NAIR SMARAKA MANDIRAM, MANJALIKULAM ROAD, THAMPANOOR, THIRUVANANTHAPURAM-1,REP. BY ITS WORKING PRESIDENT, R.SASIDHARAN, S/O.P.RAGHAVAN, AGED 69 YEARS, RESIDING AT MAYOOKHAM, KANJIRAMPARA P.O., THIRUVANANTHAPURAM- 695 013. 2 SAJI P.M. S/O.MATHAI, AGED 45 YEARS, SELECTION GRADE ASSISTANT, KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC),PERUMBAVOOR DEPOT, ERNAKULAM DISTRICT, PARAPPURAM HOUSE, AYMURI P.O., KOOVAPPADY- VIA,ERNAKULAM DISTRICT, PIN-682 024.3 ANILKUMAR T.V. S/O.VELAYUDHAN T.C., II GRADE DRIVER, KSRTC, ALUVA DEPOT, ERNAKULAM DISTRICT, PIN-683 101. 4 A.S.MADHU S/O.ASOKAN A., AGED 52 YEARS, HEAD VEHICLE SUPERVISOR, KSRTC, VIZHINJAM, THIRUVANANTHAPURAM DISTRICT, PIN-695 521. BY ADVS. SRI.BABU JOSEPH KURUVA...
Fr Siju Joseph vs S S Sajith
Court: Kerala
Decided on: Dec-17-2019
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941 MACA.No.1783 OF 2015 (E) AGAINST THE AWARD IN O.P.(MV) No.963/2010 DATED 29-11-2014 OF THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM APPELLANT/PETITIONER: FR SIJU JOSEPH AGED 34 YEARS, S/O ANTONY, ST.JOSEPH BETHELEHEM CHURCH, CHULLICKAL, COCHIN-5. BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM RESPONDENTS/RESPONDENTS:1 S. S. SAJITH, SANJANA FOODS, DOOR NO.17/383-3, NATHIYATTU KUNNAM, NORTH PARAVUR, PIN-682584. 2 K.K.DIVAKARAN, S/O.KORN KUNJU,KANDATHIL PARAMBIL HOUSE, NEAR GOVT.HOSPITAL, AYAMPILLY, ERNAKULAM DISTRICT, PIN-682501. 3 THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, EBENEZER GARDEN, 1ST FLOOR, NEAR HIGH SCHOOL JUNCTION, EDAPPALLY, COCHIN, PIN-682024. 4 NATIONAL INSURANCE COMPANY LIMITED 2ND FLOOR, DAMODAR CHAMBERS, TRIPUNITHURA, ERNAKULAM, PIN-682301. BY ADVS. R1 & R3 BY SRI.M.JACOB MURICKANTHIS MOTOR ACCIDENT CLAI...
Abdul Rehiman vs Bikas Sarkar
Court: Kerala
Decided on: Dec-17-2019
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941 AGAINST THE AWARD IN OPMV 288/2009 DATED 25-11-2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR APPELLANT/PETITIONER :- ABDUL REHIMAN S/O.SAIDALY, EMBASSERY(KANIYAMKUDY)HOUSE, MAJAPETTY, MARAMPILLY, PERUMBAVOOR, ERNAKULAM DIST BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS/RESPONDENTS :- 1 BIKAS SARKAR PROPRIETOR, ASIAN AUTO AGENCIES, 9/205, OPPOSITE YWCA, PUMP JUNCTION, ALUVA, ERNAKULAM DIST 2 SHIBU S/O.NARAYANAN, VELATHUPARAMBIL HOUSE, NEERKODU P O, ALANGADU 3 THE NEW INDIA ASSURANCE CO LTD KODAVATH SHOPPING COMPLEX, SUB JAIL ROAD, ALUVA, ERNAKULAM DIST R3 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:JUDGMENTDated this the 17th day of December 2019The present appeal is directed against the award of the learned Motor Accidents Claims Tri...
United India Insurance Company Limited vs Devi
Court: Kerala
Decided on: Dec-17-2019
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941 MACA.No.2228 OF 2013 (B) AGAINST THE AWARD IN O.P.(MV)NO.548/2009 DATED 26-02-2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, VATAKARA APPELLANT/3RD RESPONDENT: UNITED INDIA INSURANCE COMPANY LIMITED, KOZHIKODE, NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADVS. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT/PETITIONER: DEVI W/O GANGADHARAN, SWASTHAM, AROTHIMEETHAL HOUSE, CHELIYA P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 320. BY ADVS. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU SMT.A.SIMI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No.2228 OF 2013 (B) 2JUDGMENTAppellant/3rd respondent insurance company is in this appeal against the award of the Motor Accidents Claims Tribunal, Vatakara, dated 26.02.2013.2. One S...
Nijila Jaleel vs the New India Assurance Co.Ltd
Court: Kerala Orders
Decided on: Dec-17-2019
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941 AGAINST THE AWARD IN OPMV 84/2014 DATED 13-07-2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM APPELLANTS/PETITIONERS :-1 NIJILA JALEEL C.A AGED 28 YEARS, W/O.LATE JALEEL,KANNIKKATHAZHAM,108, KAYANTIKKARA,MUPPATHADAM.P.O,ELOOR, 2 MOHAMMED FARHAN, AGED 8 YEARS (MINOR), S/O LATE JALEEL,KANNIKKATHAZHAM,108, KAYANTIKKARA, MUPPATHADAM.P.O,ELOOR, 3 FATHIMA FARSANAAGED 5 YEARS (MINOR), D/O LATE JALEEL,KANNIKKATHAZHAM,108, KAYANTIKKARA, MUPPATHADAM.P.O, (PETITIONERS 2 AND 3 ARE BEING MINORS,REPRESENTED BY NEXT FRIEND MOTHER WHO IS GUARDIAN OF THE CHILDREN). 4 BEEPATHU, AGED 63 YEARS M/O. DECEASED JALEEL.P.K,KANNIKKATHAZHAM,108, KAYANTIKKARA,MUPPATHADAM.P.O, BY ADVS. SRI.K.JANARDHANAN SRI.K.J.MANU RAJRESPONDENT/2ND RESPONDENT :- THE NEW INDIA ASSURANCE CO.LTD M.G.ROAD,OPP.MAHARAJA'S COLLEGE GROUND, ERNAKULAM,COCHIN-16. R1 BY ADV. SRI.A.A.ZIYA...
Musthafa vs a.Giridharan
Court: Kerala
Decided on: Dec-17-2019
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 17TH DAY OF DECEMBER 2019/26TH AGRAHAYANA, 1941 MACA.No.456 OF 2008 AGAINST THE AWARD IN OP(MV)No.2355/2007 DATED 02-04-2007 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE APPELLANT/PETITIONER: MUSTHAFA, S/O MUHAMMED, AGED 38 YEARS, NELLORAMMAL HOUSE, KODUVALLI POST, KOZHIKODE 673 572. BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENTS/RESPONDENTS: 1 A.GIRIDHARAN, S/O SHEKHARAN, DURGALAYAM, KOLLAPARAMBATH VEEDU, EDAKKAD AMSOM AND DESOM, KOZHIKODE. 2 NEDUMCHOLAYIL ABDUL MAJEED S/O.ABOOBACKER, AGED 36 YEARS, KODUVALLY AMSOM, PALAKUTTY DESOM, KOZHIKODE. 3 MS.NATIONAL INSURANCE CO. LTD. MANUAL SON'S BUILDING, IIND FLOOR,, KOZHIKODE. R3 BY ADV. SRI.JOE KALLIATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA 456/2008 -2-JUDGMENTThe appellant is the claimant in O.P(MV)No.2355 of 2007 onthe file of the Mo...
Somasundaran vs United India Insurance Co.Ltd
Court: Kerala
Decided on: Dec-17-2019
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941 MACA.No.3538 OF 2015 (F) AGAINST THE AWARD IN O.P.(MV) NO.1322/2013 DATED 27-07-2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODEAPPELLANT/PETITIONER: SOMASUNDARAN, S/O APPUTTY, AGED 51, RESIDING AT CHERUKATTU THAZHAM HOUSE, P.O.NELLIKODE, KOZHIKODE BY ADV. SRI.AVM.SALAHUDIN RESPONDENT/3RD RESPONDENT: UNITED INDIA INSURANCE CO.LTD DIVL. OFFICE, WHITE LINE BUILDING, KALLAYI ROAD, KOZHIKODE 673001 BY ADV. SRI.PMM.NAJEEB KHAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No.3538 OF 2015 (F) 2JUDGMENTAppellant/claimant has sought enhancement of the compensation by filing the present appeal against the award of the Motor Accidents Claims Tribunal, Kozhikode, dated 27.07.2015.2. On 28.03.2013 at about 12.20 p.m. the appellant waswalking through the extreme side ...
C.R.Shyamala vs Mulakkal Divakaran
Court: Kerala Orders
Decided on: Dec-17-2019
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941 RSA.No.141 OF 2006 AGAINST THE DECREE & JUDGMENT DATED 22.9.2005 IN AS 164/2004 OF DISTRICT COURT,KOZHIKODE AGAINST THE DECREE & JUDGMENT DATED 7.3.2003 IN OS 53/1996 OF II ADDITIONAL SUB COURT,KOZHIKODE APPELLANT/2ND DEFENDANT: C.R.SHYAMALA, D/O.K.K.MUTHULAKSHMI RAMASWAMY, NADAPUNATH HOUSE, PARAYANCHERI AMSOM, KOTTOOLI DESOM, KOZHIKODE TALUK. BY ADVS. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) SMT.SUSAN JACOB RESPONDENTS: 1 MULAKKAL DIVAKARAN (PLAINTIFF), S/O.APPU, AGED 38 YEARS, NELLIKODE AMSOM DESOM, KOZHIKODE TALUK. 2 A.K.JAYALAKSHMI, (D1) W/O.MANI, AGED 42 YEARS, NADAPUNATH HOUSE, PARAYANCHERI AMSOM, KOTTOOLI DESOM OF, KOZHIKODE THALUK. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 17.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RSA.No.141 OF 2006 2JUDGMENTNo steps were taken after the admission of appe...
Lalitha Devi vs P.Subhadra Devi
Court: Kerala Orders
Decided on: Dec-17-2019
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941 RSA.No.557 OF 2007 AGAINST THE JUDGMENT AND DECREE DATED 19-12-2006 IN AS 110/2004 OF V ADDITIONAL DISTRICT COURT, ERNAKULAM AGAINST THE JUDGMENT AND DECREE DATED 28-02-2004 IN OS 1299/1995 OF II ADDITIONAL MUNSIFF COURT, ERNAKULAM APPELLANTS/APPELLANTS/DEFENDANTS: 1 LALITHA DEVI, AGED 71, D/O LAKSHMIKKUTTY AMMA, MANGAYIL CHOWPPILLIL, POONITHURA, 2 UNNI, SON OF MANGAYIL RADHAKRISHNA PANICKER, CHOWPPILLIL, POONITHURA,, BY ADV. SRI.K.C.CHARLES RESPONDENTS/RESPONDENTS/PLAINTIFFS:1 P.SUBHADRA DEVI, AGED 81, WIFE OF LATE RAMAN MENON, 2 P.KESAVA KUMAR, AGED 53, SON OF LATE RAMAN MENON, 3 KOCHUNNI, AGED 51, SON OF LATE RAMAN MENON, 4 P.INDUCHOODAN, AGED 47, SON OF LATE RAMAN MENON, PALLIYIL MADOM, POONITHURA, POONITHURA VILLAGE, 5 P.CHANDRACHOODAN, AGED 47, SON OF LATE RAMAN MENON, PALLIYIL MADOM, POONITHURA, RSA.No.557 OF 2007 2 6 P.KRISHNA KUM...
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