The Manager, Icici Lombard General Insurance Company Limited, v. Rajamma

JUDGMENT This appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, Special Subordinate Court, Krishnagiri, in MCOP No.219 of 2023 dated 21.01.2025.

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

28.08.2022, at about 01.00 PM, while the claimant was a riding pillion in a two wheeler, a Mahindra Bolero Pick Up van, belonging to the second respondent, came in a rash and negligent manner and dashed against the two wheeler, as a result of which, the claimant sustained grievous injuries. An FIR came to be registered in Crime No.166 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:

¶1Disability 2,80,000/-

¶2Pain and suffering 50,000/- Page3 of 6

¶3Transportation expenses 19,900/-

¶4Additional nourishment 10,000/-

¶5Damages to clothes 1,700/-

¶6Loss of amenities & attender charges 75,000/-

¶7Loss of income 60,000/-

¶8Medical expenses 53,400/- Total 5,50,000/- The above compensation amount of Rs.5,50,000/-  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 second respondent did not possess a valid driving license, pay and recover was ordered.

¶4The Insurance Company has filed the present appeal mainly on the ground that the second respondent 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 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 Page4 of 6 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.

¶7Insofar as the quantum of compensation is concerned, this Court finds that the Tribunal has granted a just and reasonable compensation. However, the compensation is on the higher side on certain heads and hence, it is redetermined as follows:

¶1Disability 2,80,000/-

¶2Pain and suffering 70,000/-

¶3Transportation expenses 19,900/-

¶4Additional nourishment 20,000/-

¶5Damages to clothes 1,700/-

¶6Loss of amenities 25,000/-

¶7Attender charges 20,000/-

¶8Loss of income 60,000/-

¶9Medical expenses 53,400/- Total 5,50,000/- 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 Page5 of 6 from the date of receipt of a copy of this judgment and on such deposit, the 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.

09.07.2026 Index: Yes/No Speaking/Non-speaking order gm To The Motor Accident Claims Tribunal, Special Subordinate Court, Krishnagiri. Page6 of 6

N.ANAND VENKATESH, J. gm Civil Miscellaneous Appeal No.1939 of 2026

09.07.2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.07.2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Miscellaneous Appeal No.1939 of 2026 and C.M.P.No.15187 of 2026 The Manager, M/s.ICICI Lombard General Insurance Company Limited, Office at 1st Floor, Shop No.18, Shree Vari AVS Towers, New Pet, MG Road, Krishnagiri District, Hosur – 635 109. ..Appellant Vs 1. Rajamma W/o.Sri Raman 2. Chandrasekar S/o.Subramani ..Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment dated 21.01.2025 in MCOP No.219 of 2023 passed by the Motor Accident Claims Tribunal, Special Subordinate Court, Krishnagiri. For Appellant : Mrs.R.Sree Vidhya ***** Page2 of 6