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Rudramurthy Vs. the Inspector of Police and Others

Court : Chennai

Reported in : 2013(1)MLJ(Crl)25; 2013(1)LW(Cri)154; 2013(1)MWN(Cr)72

..... even according to pws 3 and 4, they have only seen the third respondent sitting in the car at the time of accident and the mere presence of the third respondent in the car cannot be construed that it was the third respondent who had ..... case on hand, there are prima facie evidence available on record, which would indicate the presence of the third respondent at the accident spot and also her involvement in the offence namely driving the car. ..... suspicion that if the accused/second respondent did not drive the vehicle, then, the vehicle might have been driven by the third respondent herein, whose presence in the car at the time of accident is established by the prosecution witnesses and also admitted by the third respondent herself. ..... revision petitioner, the prosecution witnesses have categorically pointed out the presence of the third respondent at the time of accident besides that they have also stated that it was the third respondent who drove the car at the time of accident, hence, he filed the present petition under section 319 of cr.p.c. ..... during the course of his chief-examination before the trial court that at the time of accident, the car was driven by the third respondent. ..... has stated that immediately after the accident the driver of the car fled away from the scene of occurrence and that he saw a lady alone ..... according to the petitioner, immediately after the accident, he gave a complaint to the first respondent based on which the third respondent was summoned to the police station .....

The New India Assurance Company Ltd. Vs. Jayanthi and Others

Court : Chennai

Reported in : 2013(1)TNMAC63

..... the tribunal, after considering the above said claimants side oral and documentary evidence, came to a conclusion that the accident had occurred only due to the rash and negligent driving of the lorry and hence the owner and insurer of the vehicle viz. ..... and ex.p.2-copy of rough sketch to prove the negligence and a perusal of the above said evidence reveals that the accident had occurred only due to the rash and negligent driving of the driver of the lorry belonging to the fifth respondent herein/first respondent in the above said o.p. ..... the appellant herein, who is the insurer of the said lorry denied the alleged accident as pleaded by the claimants and also denied the validity of insurance policy, fitness certificate and driving licence of the driver of the lorry and further challenged the quantum of compensation claimed by the claimants as excessive and ..... (prayer: civil miscellaneous appeal is filed under section 173 of the motor vehicles act, 1988 against the judgment and decree dated 08.02.2011 made in m.c.o.p.no.2565 of 2006, on the file of the motor accidents claims tribunal, (iv court of small causes), chennai. ..... the respondents 1 to 4, who are the claimants 1 to 4 filed a claim petition before the tribunal claiming compensation of rs.50,00,000/- for the death of one mr.r.muthuraju in a road accident which occurred on 20.09.2005. 3. .....

The Managing Director, Vs. 1.T.Krishnaveni

Court : Chennai

..... being made, it is open to the claimants to withdraw the balance compensation amount with accrued interest thereon, as apportioned by the tribunal, lying in the credit of m.c.o.p.no.1227 of 2003, on the file of motor accidents claims tribunal, iii additional district and sessions judge, (pcr), madurai, after filing a memo, along with a copy of this order, subject to deduction of withdrawals, if any made, already, as per submission made ..... this court directs the appellant / state transport corporation to deposit the balance compensation amount with accrued interest thereon to the credit of m.c.o.p.no.1227 of 2003, on the file of motor accidents claims tribunal, iii additional district and sessions judge, (pcr), madurai, within a period of four weeks from the date of receipt of a copy of this order, after deducting ..... and decree passed in m.c.o.p.no.1227 of 2003, on the file of motor accidents claims tribunal, iii additional district and sessions judge, (pcr), madurai, ..... for r-4 mr.c.ramachandran for r-5 - - - :judgment the appellant / first respondent has preferred the present appeal against the judgment and decree passed in m.c.o.p.no.1227 of 2003, on the file of motor accidents claims tribunal, iii additional district and sessions judge, (pcr), madurai.2. ..... 173 of the motor vehicles act, against the judgment and award made in m.c.o.p.no.1227 of 2003, dated 27.02.2007, on the file of motor accidents claims tribunal, iii additional district and sessions judge, (pcr), madurai. .....

M/S. Jaya Vairavan Mills (P) Ltd., Rep. by Its Managing Director A.P. ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

..... when there was no condition regarding the upper limit of the stock, when the claim of the complainant for the loss of stock due to fire accident is less than the sum assured, the first repudiation appears to be most frivolous and unacceptable ..... that delay, whether it is two hours or less, that will not create any doubt, regarding the fire accident since it is not the case before us as seen from the written version also, the fire accident was stage managed or fraudulent one or self-inflicted to cover any other mistake. ..... during the coverage period of the policies, there was a fire accident in the mill premises, that is, in the insured premises, not very much in dispute, though attempted to doubt ..... the opposite parties after information about the fire accident, appointed surveyor and investigators and in their opinion, fire was caused accidentally and most probably due to a negligent act of a worker or spontaneous combustion, which is an exclusion, under the policy ..... it is the specific case of the complainant, not only in the complaint, but also in the affidavit, that they have informed the fire accident immediately to the fire station, police station etc. ..... the first ground for repudiation appears to be quantity of stocks at the time of fire accident is accumulated disproportionately compared to production requirement ..... the factum of fire incident/accident was informed not only to the third opposite party, but also to the police station and fire service, though it is said, there was some .....

icici Lombard General Insurance Co. Ltd., Rep. by Its Directors Icici ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

..... belatedly to the opposite parties, that the surveyor, who inspected the vehicle, reported that the claim is not sustainable, since the damage caused was consequential loss, incurred by the insurer, arising out of an accident to the vehicle, which is not covered under the policy, that the non-settlement of the claim on legal basis, cannot be termed as deficiency in service, thereby praying for the dismissal of the complaint, ..... for the insurance company, to make out a case, that consequential loss incurred by the insured, arising out of the accident or in this case, the damage had caused to the engine, as said by the surveyor due to insufficiency of ..... the learned counsel for the appellant would contend, that the accident was not caused due to any external force, whereas the damage should have been caused to the vehicle by driving the same, after the initial accident, which alone had caused major damages, which is not payable by the insurance company, not properly analysed by the district forum, resulting erroneous view, which is liable to be upset, opposed by ..... the appellant, though urged that there was no external force, causing the accident, considering the admitted facts, we are unable to accept the same. ..... therefore, when pushing the car from the place of the accident, there could be no possibility of damaging the engine further, or its part, as ..... question, the complainant causing any further damage, or consequential damage, after the accident, thereby relieving the insurance company. .....

Ex-sepoy Sasikumar K. Vs. Union of India Rep by Its Under Secretary an ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... the said case are that the petitioner gurmit singh butter had joined the indian army on 03.04.1987 and he met with an accident in the year 1989 when he was on annual leave and while he was going to purchase some items from the military ..... the court of inquiry had opined that the multiple injuries sustained by the applicant was due to road traffic accident while on annual leave on 05.07.2004 at native place and it has further opined that the injury sustained on annual leave and the same is not ..... on casual leave from babina, his duty station to his home district faridkot (punjab), on 14.02.1976, he got involved in an unfortunate accident as a result of which he fell down from the train and suffered severe injuries. ..... point for determination in this application is whether the applicant, who had sustained disability in an accident while he was availing annual leave, is entitled to the disability pension as claimed by him ..... the cause of his discharge on medical grounds arose from an accident in which the appellant was involved on 01.10.1994 while alighting from the train at didwara railway station, consequent to which accident appellants right hand was amputated just four inches below from the ..... on the sole ground that the 50% of disability sustained by the applicant in the accident even though recorded as neither attributable to nor aggravated by military service, the respondents would contend that the applicant is not entitled to the disability pension as per the regulation 173 of the .....

R.Venkatesan Vs. V.Jaganathan

Court : Chennai

..... , the legal jurisprudence developed in the country in last five decades is somewhat precedent-centric, the judgments which have bearing on socio-economic conditions of the citizens and issues relating to compensation payable to the victims of motor accidents, those who are deprived of their land and similar matters needs to be frequently revisited keeping in view the fast changing societal values, the effect of globalisation on the economy of the nation and their impact on the ..... the relevant observation reads thus:- in cases of motor accidents the endeavour is to put the dependants/claimants in the pre-accidental position. ..... respondents civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988, against the fair and decreetal order, dated 16.09.2008 in mcop no.1438 of 2005 on the file of the motor accident claims tribunal (ii judge, court of small causes), chennai. ..... the claimant, r.venkatesh, aged 16, studying 10th standard at ebenezer matriculation school, who was also a kabadi player, met with an accident on 02.11.2004 and suffered amputation of traumatic. ..... v.kabirdoss - - - judgment a person injured in an accident leaves his family in greater distress, vis-a-vis a family in a case of death. ..... compensation in cases of motor accidents, as in other matters, is paid for reparation of damages. ..... the motor accident claims tribunal (ii judge, court of small causes), chennai 2. .....

The Divisional Manager, Vs. 1.G.Maheswari

Court : Chennai

..... thiru kamalesh babu, assistant manager of oriental insurance company at regional office, mysore in his evidence deposed that as the first respondent's vehicle was not insured with the second respondent on the date of accident, the second respondent is not liable to pay compensation, as the premium for the insurance was not received and in support of his evidence, he had marked exs.r1 to r8. ..... it is open to the claimant to withdraw the entire compensation amount with interest thereon, lying in the credit of m.c.o.p.no.1536 of 2001, on the file of the motor accidents claims tribunal cum i additional district judge, madurai, after filing a memo, along with a copy of this order.19. ..... the tribunal observed that had r.w.2 investigator really examined the first respondent about the particulars of the accident and insurance particulars, the second respondent ought to have made efforts to serve the notice through investigator or through some other after ascertaining the correct address from the ..... to prove their contention that the driver had not been rash and negligent in his driving and to prove that it had occurred only as the road was slippery as it was raining, held that the accident was caused only due to rash and negligent driving of the driver of the first respondent's car.9. ..... r.w.2, thiru.ravindran, the investigator had adduced evidence that he was entrusted to investigate about the accident and he had enquired the owner of the vehicle and after completion of investigation filed ex.r9 .....

Union of India Owning Southern Railways Vs. J.Chandramouli

Court : Chennai

..... on 23.09.2008, when the deceased tried to get down at st.thomas mount, he had accidently slipped and fallen down and sustained grievous injuries and succumbed to it.14. ..... it was submitted that when the deceased was travelling in emu train bound for thirumalpur from chennai beach, by boarding it in nungambakkam and when he tried to alight from the train at st.thomas mount, he had accidently slipped and fallen down and died. ..... further, the accident had occurred in the railway premises and the same had been confirmed by fir. ..... it has been clearly proved that the deceased had died in an untoward accident.15. ..... of the deceased c.ananthanarayanan, had filed a claim application in o.a.no.155 of 2008, on the file of the railways claims tribunal, chennai bench, claiming a sum of rs.4,00,000/- as compensation from the respondent for the death of their son in a railway accident.3. .....

M.J.Kanigaparemeshwari Vs. P.V.Nagaraj

Court : Chennai

..... : mr.n.s.sivakumar for respondents : mr.g.jermiah (r1) mr.m.b.gopalan (r2) r3&r4 (served) judgment the short facts of the case are as follows:- the appellants herein/claimants have filed mcop no.35 of 2007 (district court mcop no.475 of 2009) on the file of motor accidents claims tribunal (additional district and sessions court/fast track court), vellore, against the respondents herein stating that when the deceased namadurai and his subordinates were travelling in a car bearing registration no.tn23j8611 ..... consequently, the order and decretal order made in mcop no.35 of 2007 (district court mcop no.475 of 2009 on the file of motor accidents claims tribunal (additional district and sessions court/fast track court), vellore. ..... respondents civil miscellaneous appeal filed under section 173 of motor vehicles act, 1988, against the judgment and decree dated 22.07.2009 made in mcop no.35 of 2007 (district court mcop no.475 of 2009 on the file of motor accidents claims tribunal (additional district and sessions court/fast track court), vellore. ..... 26.09.2013 index : yes / no internet: yes / no skn to motor accidents claims tribunal additional district and sessions court /fast track court), vellore c.s.karnan.j skn c.m.a.no.3420 of 2009 26.09. ..... the respondent denied that the accident had been caused due to rash and negligent driving of the third respondent's ..... actually, the said accident had been committed by the negligence of the driver of the car, who had dashed his car against the parked .....