M/S. National Insurance Co.Ltd v. Srihari

Judgment This appeal has been filed by the Insurance Company challenging the award passed by the Chief Judicial Magistrate Court, Motor Accident Claims Tribunal Salem in MCOP No. 100 of 2017 dated 03.11.2023.

¶2The first respondent is the claimant. The case of the first respondent is that on 12.08.2016, at about 6.15 p.m., the first respondent was a pedestrian on the road, at that point of time, the second respondent who is driver cum owner of the car, drove the vehicle in a rash and negligent manner and dashed against the first respondent, as a result of which, the first respondent sustained grievous injuries and was admitted as an in-patient at Universal Hospital, Salem. An FIR came to be registered in Crime No. 768 of 2016. 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. Page3 of 6

¶4Having 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.)

¶1Pain and suffering Rs.1,75,000/-

¶2Loss of convenience Rs. 1,25,000/-

¶3Medical Expenses as per Ex.P9 Rs.101489/-

¶4Future Medical expenses Nil

¶5Attendant charges Rs.25,000/-

¶6Disability as per Ex.C1 (6000x 10%) Rs.60,000/-

¶7Temporary loss of income Nil

¶8Transport to Hospital Rs.25,000/-

¶9Extra Noruishment Rs.25,000/-Total Rs.5,36,489/-

¶5The above compensation amount of Rs. 5,36,489/- was directed to be paid along with interest at the rate of 7.5% per annum 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.

¶6The 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. Page4 of 6

¶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 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 issued is 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.

¶9Insofar 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.

¶10In the result, this Civil Miscellaneous Appeal stands dismissed. The appellant insurance company is directed to deposit the entire compensation along with accrued interest, if not already deposited and on such deposit being Page5 of 6 made, the claimants will be entitled to withdraw the compensation amount in the proportion as fixed by the Tribunal. No costs. Consequently connected Miscellaneous Petition is closed. 01-07-2026 Index: Yes/No Speaking/Non-speaking order RKA To The Chief Judicial Magistrate Court, Motor Accident Claims Tribunal, Salem CMAoNo.o1652oofo2024 N.ANANDoVENKATESHoJ. RKA CMAoNo.o1652oofo2024 AND CMPoNO.o13410oOFo2024 01-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH AND CMP NO. 13410 OF 2024 M/s. National Insurance Co.Ltd Second Floor, Maruthi Complex, F-125, Omalur Main Road, P.B.No. 27, Salem-4. ..Appellant(s) Vs 1. Srihari S/o. Madhavan, residing at 239-P-Black, Anna Nagar, Kottai, Salem-1. 2. Riyash S/o. Sirajudeen, Res. at No. 163, Ward 5, Santhaipettai, Kadaivaamoatty SP, Salem-636 455. ..Respondent(s) To set aside the award passed in MCOP No.100 of 2017 dated 03.11.2023 by learned Chief Judicial Magistrate Court MACT, Salem and be pleased to dismiss the above Claim. For Appellant(s): Mr.J.Chandran For Respondent(s): M/s. R.Navaneetha Krishnan For R1 R2 - Notice Dispense With Vide C/o Dt: 15.07.2024 Page2 of 6