Cholamandalam Ms General Ins.Co.Ltd v. Manonmani

JUDGMENT This appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, Special Subordinate Court, Tiruppur, in M.C.O.P.No.120 of 2023 dated 15.12.2025.

¶2The first respondent is the claimant. The case of the first respondent is that on 23.10.2022, at about 5.40 p.m., when the first respondent was riding pillion in a two wheeler, another motorcycle, belonging to the third respondent, came in a rash and negligent manner and dashed against the two wheeler, in which the first respondent was riding pillion, as a result of which, the first respondent sustained grievous injuries all over the body. A First Information Report came to be registered in Crime No.618 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 offending vehicle. Having rendered the above finding, the Tribunal proceeded to fix the compensation at Rs.1,66,037/- under various heads as Page3 of 6 follows: Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Damages for grievous injury 50,000/-

¶2Damages for pain, suffering and trauma as a consequence of the injuries 25,000/-

¶3Loss of amenities 20,000/-

¶4Expenses relating to treatment, hospitalization and medicines as per Ex.P5 7,037/-

¶5Loss of earning during the period of treatment and rest for two months at the rate of Rs.12,000/-p.m. 24,000/-

¶6Expenses relating to attender 7,500/-

¶7Expenses relating to transportation 7,500/-

¶8Expenses relating to nourishing food 20,000/-

¶9Damages to clothes 5,000/- Total 1,66,037/- 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. Page4 of 6

¶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 for the 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 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. 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 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 Page5 of 6 remains unaltered. No costs. Consequently, connected miscellaneous petition is closed. 03-07-2026 Index: Yes/No Speaking/Non-speaking order gm To The Motor Accident Claims Tribunal, Special Subordinate Court, Tiruppur. Page6 of 6

N.ANAND VENKATESH, J. gm Civil Miscellaneous Appeal No.2027 of 2026 03-07-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Miscellaneous Appeal No.2027 of 2026 and C.M.P.No.15712 of 2026 Cholamandalam MS General Ins.Co.Ltd., No.113, Trichy Road, Mullai Nagar, Palladam – 641 664. ..Appellant Vs 1. Manonmani W/o.Balasubramani 2. Sanjay S/o.Jeevanandhan 3. J.Vanitha D/o.Jeevanandhan ..Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree made in MCOP No.120 of 2023 dated 15.12.2025 on the file of the Motor Accident Claims Tribunal, Special Subordinate Court, Tiruppur. For Appellant : Ms.C.Harini for M/s.M.B.Gopalan Associates ***** Page2 of 6