The Branch Manager v. Perumal

JUDGMENT This civil miscellaneous appeal has been filed by the Insurance Company challenging the award passed by the learned Special District Judge, Motor Accident Claims Tribunal, Villupuram, in MCOP No.574 of 2024 dated 16.12.2025.

¶2The first respondent is the husband of the deceased Anchalachi and respondents 2 to 4 are her daughters. The case of the claimants is that on 15.03.2023, at about 04.00 p.m., when the deceased was working in the sixth respondent's brick kiln, a tractor attached to a rotator belonging to the fifth respondent, Murugan, was driven in a rash and negligent manner by the seventh respondent, Vaidiyanathan and dashed against the deceased. As a result, the deceased caught under the rotator and died on the spot. Consequently, a First Information Report came to be registered in Crime No.167 of 2023. 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.9,10,000/- under various heads as follows: Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Loss of dependency 7,20,000

¶2Loss of Estate 15,000

¶3Funeral Expenses 15,000

¶4Loss of love and affection 1,60,000 Total 9,10,000/- 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 Special District Judge, Motor Accidents Claims Tribunal, Villupuram.

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

, J.

ham and C.M.P.No.12755 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.12755 of 2026 The Branch Manager, IFFCO Tokio General Insurance Company Limited, No.58/A, Sri Anjaneya Towers, 2nd Floor, Pavazha Nagar, Puducherry – 604 005. ... Appellant Vs. 1. Perumal 2. Mutharasu 3. Anandi 4. Amsavalli 5. Murugan 6. Ayyappan 7. Vaidiyanthan ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the direction of pay and recovery issued against the appellant insurance company in the award dated 16.12.2025 made in MCOP No.574 of 2024 on the file of the Motor Accident Claims Tribunal (Special District Judge, MCOP Cases), Villupuram and to hold that the appellant insurance company is not liable to satisfy the award, and fasten the liability solely on the owner of the vehicle. For Appellant : Mr.N.Anbumurugan