The Branch Manager v. S Kandasamy

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH CMA Nos. 2057 and 2059 of 2026 AND CMP NOs.15880 and 15882 OF 2026 The Branch Manager United India Insurance Co. Ltd., Kandasamy Shopping Complex, Chitakoodam, No.144, Kalpana Road, Udumalpet 642 126 Now at United India Insurance Co.Ltd., Regional Office, No.178, Dr. Nanjappa Road, Coimbatore 641 018 ..Appellant(s) Vs

¶1S Kandasamy S/o Subbanna Gounder No.1/474B, Ennaikaran Thottam, Poomalur, Palladam Taluk, Poomallur Tiruppur District 641 663

¶2N Paramasivam S/o Nataraja Chettiar, No.3/21, Udukkampalayam, Tiruppur District-642 207

¶3Ms Sri Ambikai Packagings No.138/1, Adivalli Village, Pudupalayam Post, Udumalpet,Tiruppur District-642 126. ..Respondent(s) CMA No. 2059 of 2026 The Branch Manager Page2 of 7 United India Insurance Co. Ltd., Kandasamy Shopping Complex, Chitakoodam, No.144, Kalpana Road, Udumalpet 642 126 Now at United India Insurance Co.Ltd., Regional Office, No.178, Dr. Nanjappa Road, Coimbatore 641 018 ..Appellant(s) Vs

¶1Gnanashanmugam S/o Subbaiya Koundar No.1/355, Palladam Road, Iyankadu, Poomallur, Tiruppur District 641 663

¶2N Paramasivam S/o. Nataraja Chettiar No.3/21, Udukkampalayam, Tiruppur District-642 207

¶3M/s Sri Ambikai Packagings No.138/1, Adivalli Village, Pudupalayam Post,Udumalpet,Tiruppur District-642 126. ..Respondent(s) CMA No. 2057 of 2026 Civil Miscellaneous Appeal filed under Section 151 of the CPC to allow the CMA setting aside the Award dated 03.07.2025 in MCOP No. 1407 of 2022 passed by the Special District Judge MACT-Tiruppur. CMA No. 2059 of 2026 Civil Miscellaneous Appeal filed under Section 151 of the CPC to allow the CMA setting aside the Award dated 03.07.2025 in MCOP No. 1406 of 2022 passed by the Special District Judge MACT-Tiruppur. Page3 of 7 For Appellant(s): Mr.Sankaranarayanan Palani Common Judgment These Civil Miscellaneous appeals have been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal/ Special District Judge, Tiruppur in M.C.O.P Nos.1406 and 1407 of 2022 dated

03.07.2025.

¶2The first respondents are the claimants in both the appeals. The case of the first respondents is that on 21.09.2022, at about 2.30 p.m., they were travelling on a two-wheeler on the Mangalam–Palladam Road, near Poomalur. At that point of time, the 2nd respondent, who was driving an Eicher vehicle in the same direction, drove the vehicle in a rash and negligent manner and dashed against the two-wheeler ridden by the claimants. As a result of which, both the claimants sustained grievous injuries. It is under these circumstances that the respective claim petitions 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 the conclusion that the accident had taken place due to the rash and negligent driving on the part of the driver of the offending vehicle.

¶4Having rendered the above finding, the Tribunal proceeded to determine Page4 of 7 the compensation amount in the following manner: MCOP No.1406 of 2022 Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Damages for Grievous injury Rs.50,000/-

¶2Damages for Pain, suffering and trauma as a consequence of the injuries Rs.30,000/-

¶3Loss of amenities Rs.20,000/-

¶4Expenses relating to treatment, hospitalization and medicines as per Ex.P7 Rs.1,43,246/-

¶5Loss of earning during the period of treatment and rest for two months at the rate of Rs.14,000/-per month Rs.28,000/-

¶6Expenses relating to attenders Rs.10,000/-

¶7Expenses relating to Transportation Rs.10,000/-

¶8Expenses relating to Nourishing food Rs.20,000/-

¶9Damages to clothes Rs.5,000/- Total Rs.3,16,246/- MCOP No.1407 of 2022 Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Damages for partial permanent disability Rs.2,00,000/-

¶2Damages for pain, suffering and trauma as a consequence of the injuries Rs. 40,000/-

¶3Loss of amenities Rs. 30,000/-

¶4Expenses relating to treatment, Rs.2,10,177/- Page5 of 7 hospitalization and medicines as per Ex.P12

¶5Loss of earning during the period of treatment and rest for five months at the rate of Rs.14,000/-per month Rs.70,000/-

¶6Expenses relating to attenders Rs.10,000/-

¶7Expenses relating to transportation Rs.10,000/-

¶8Expenses relating to Nourishing food Rs.25,000/-

¶9Damages to clothes Rs.5,000/-Total Rs.6,00,177/-

¶5The above compensation amounts was directed to be paid along with interest at the rate of 7.5% per annum from the date of the petitions. However, considering the fact that the driver of the offending vehicle did not possess a valid driving license, pay and recover was ordered.

¶6The Insurance Company has filed the present appeals 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.

¶7This Court carefully considered the submissions made by the learned counsel appearing for the appellant and also the award passed by the Tribunal.

¶8The ground that was taken by the learned counsel appearing for the Page6 of 7 appellant 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 CMA.(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.

¶9Insofar 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.

¶10In the result, this Civil Miscellaneous Appeals stand dismissed. The Insurance company is directed to deposit the entire compensation amount, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of six (4) weeks from the date of receipt of this judgment. The claimants will be entitled to withdraw the compensation amount in the proportion as fixed by the Tribunal.  The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. No costs. Consequently, connected Miscellaneous Petitions are closed. 07-07-2026 Index: Yes/No Speaking/Non-speaking order RKA To The Motor Accident Claims Tribunal/ Special District Judge, Tiruppur Page7 of 7 N.ANAND VENKATESH J. RKA AND CMP NOs. 15880 and 15882 OF 2026 07-07-2026