The Branch Manager, Icici Lombard Gic Ltd v. Chelladurai

JUDGMENT This civil miscellaneous appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, Sub Court, Karaikal, in MCOP No.102 of 2024 dated 30.06.2025.

¶2The first respondent is the claimant. The case of the claimant is that on 14.12.2023, at about 09.30 a.m., when the first respondent/claimant was wheeling his two wheeler from East to West along the Poonthottam-Vizhidiyur main road, a motorcycle belonging to the third respondent was driven by the second respondent in a rash and negligent manner and hit the claimant's two wheeler, as a result of which, he sustained grievous injuries and was admitted as an inpatient at Government Medical College Hospital, Nagapattinam, for treatment. Consequently, a First Information Report came to be registered in Crime No.250 of 2023 against the second respondent. 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 offending vehicle. Having rendered the above finding, the Tribunal proceeded to fix the compensation at Rs.3,56,400/- under various heads as follows: Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Future loss of earning 3,00,000

¶2For pain, suffering and shock 20,000

¶3Loss of Income for two months 20,000

¶4Attender Expenses 10,000

¶5Transport Expenses 10,000

¶6Nutrition Expenses 10,000

¶7Damage to the dress 1,000

¶8Medical Bills Nil

¶9For loss of amenities 25,000 100% award amount 3,96,000 10% deduction for non-possession of a valid driving license 39,600 90% award amount allowed for the claimant 3,56,400/- The above compensation 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/Insurance Company and also the award passed by the Tribunal.

¶6The ground taken by the learned counsel for the appellant/Insurance Company is to the effect that the Tribunal ought not to have ordered for pay and recover. The said ground is squarely covered by the judgment of this Court in a batch of appeals in C.M.A.(MD) No.517 of 2025 etc. dated 01.06.2026. Hence, this Court does not find any illegality in the order passed by the Tribunal applying the principle of pay and recover.

¶7Insofar as the quantum of compensation is concerned, this Court finds that the Tribunal has fixed a fair and just compensation and it does not require the interference of this Court.

¶8In 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 claimants are 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.

02.07.2026 ham To

¶1The Sub Judge, Sub Court, Motor Accidents Claims Tribunal, Karaikal.

¶2The Section Officer, VR Section, High Court of Madras. N. ANAND VENKATESH

, J.

ham and C.M.P.No.15190 of 2026

02.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.07.2026 CORAM: THE HON'BLE MR. JUSTICE N. ANAND VENKATESH and C.M.P.No.15190 of 2026 The Branch Manager, ICICI Lombard General Insurance Company Limited, No.142, ECR Main Road, Kottupalayam, Pondicherry. ... Appellant Vs. 1. Chelladurai 2. Jayabal 3. Vino ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the impugned order dated 30.06.2025 passed by the Motor Accidents Claims Tribunal, Sub Court, Karaikal, in MCOP No.102 of 2024. For Appellant : Mr.D.Harikrishnan