Cholamandalam Ms General Insurance Company Ltd v. Balasubramaniam

JUDGMENT This appeal has been filed by the appellant insurance company challenging the award passed by the Motor Accident Claims Tribunal, Special Sub Court, Namakkal, in MCOP No.447 of 2024 dated 31.07.2025. Page2 of 4

¶2The first respondent is the claimant. The case of the claimant is that on

15.09.2022, at about 05.45 p.m., while the claimant was riding his two wheeler, the driver of the offending vehicle, drove his two wheeler in a rash and negligent manner and dashed against the claimant, as a result of which, the claimant sustained grievous injuries and was admitted in hospital for treatment. An FIR came to be registered in Crime No.565 of 2022. It is under these circumstances, the claim petition came to be filed before the tribunal.

¶3The Tribunal, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place due to the rash and negligent driving on the part of the driver of the offending vehicle. Having rendered the above finding, the Tribunal proceeded to determine the compensation amount in the following manner: Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Disability 1,60,000/-

¶2Pain and suffering 75,000/-

¶3Nutrition 5,000/-

¶4Attender charges 5,000/-

¶5Loss of income 20,000/-

¶6Loss of amenities 25,000/-

¶7Damages to clothes 2,000/-

¶8Transport charges 5,000/-

¶9Medical expenses 33,906/- Total 3,30,906/- Page3 of 4 The above compensation amount was directed to be paid along with interest at the rate of 7.5% p.a. from the date of the petition. However, considering the fact that the driver of the offending vehicle did not possess a valid driving license, pay and recover was ordered.

¶4The appellant insurance company has filed the present appeal mainly on the ground that the driver of the offending vehicle did not possess a valid driving license and therefore, pay and recover ought not to have been ordered.

¶5This Court carefully considered the submissions made by the learned counsel appearing for the appellant and also the award passed by the Tribunal.

¶6The ground that was taken by the learned counsel appearing for the appellant is to the effect that the Tribunal ought not to have ordered for pay and recover. It is seen that the accident had happened after the amendment and the policy was issued before the amendment. The said ground is squarely covered by the judgment of the Apex Court in National Insurance Co. Ltd V. Swaran Singh and others reported in (2004) 3 SCC 297. Hence, this Court does not find any illegality in the order passed by the Tribunal applying the principle of pay and recover. Page4 of 4

N.ANAND VENKATESH, J. gm

¶7Insofar as the quantum of compensation is concerned, this Court finds that the Tribunal has granted a just and reasonable compensation and it does not require the interference of this Court. In the result, this Civil Miscellaneous Appeal is dismissed. The appellant insurance company is directed to deposit the compensation along with accrued interest, less the amount already deposited, within a period of six (6) weeks from the date of receipt of a copy of this judgment and on such deposit, the first respondent/claimant is entitled to withdraw the same on due application. The directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. No costs. Consequently, connected miscellaneous petition is closed. 20-07-2026 Index: Yes/No Speaking/Non-speaking order gm To The Motor Accident Claims Tribunal, Sub Court, Namakkal. Civil Miscellaneous Appeal No.2170 of 2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Miscellaneous Appeal No.2170 of 2026 and C.M.P.No.16684 of 2026 Cholamandalam MS General Insurance Company Ltd., New No.2, Old No.234, Dare House, 2nd Floor, N.S.C.Bose Road, Parrys, Chennai. ..Appellant Vs 1. Balasubramaniam S/o.Sengotagoundar 2. M.Divya W/o.Magamuni ..Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the impugned order dated 31.07.2025 passed by the Motor Accident Claims Tribunal, Sub Court, Namakkal, in MCOP.No.447 of 2024. For Appellant : Mr.D.Harikrishnan *****