Liberty General Insurance Ltd v. Priyadarshini

JUDGMENT This civil miscellaneous appeal has been filed by the Insurance Company challenging the award passed by the learned IV Judge, IV Court of Small Causes, Motor Accidents Claims Tribunal, Chennai, in MCOP No.1526 of 2023 dated 30.10.2025.

¶2The first respondent is the claimant before the Tribunal. The case of the claimant is that on 12.02.2023, at about 8.30 a.m., while the claimant was travelling as a pillion rider on a two wheeler on the Chennai-Bangalore National Highway, the offending vehicle, which was driven in a rash and negligent manner, hit the two wheeler from behind. As a result, the claimant sustained grievous injuries. Consequently, a First Information Report came to be registered against the driver of the offending vehicle in Crime No.87 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 driver of the offending vehicle.

¶4Having rendered the above finding, the Tribunal proceeded to fix the compensation at Rs.4,09,800/- under various heads as follows: S.No. Compensation awarded under the head Amount (in Rs.)

¶1Loss of Income 1,15,500

¶2Disability 1,71,000

¶3Medical Expenses 23,775

¶4Transportation 5,500

¶5Extra Nourishment 20,000

¶6Damages to clothing and articles 1,000

¶7Pain and Suffering 40,000

¶8Attender Charges 3,000

¶9Loss of Amenities 30,000 Total 4,09,775/- Rounded off to 4,09,800/- The above compensation was directed to be paid by the appellant/Insurance Company along with interest at the rate of 7.5% p.a. from the date of the petition. However, considering the fact that the offending vehicle did not possess a valid permit to ply, the 'pay and recover' order was passed.

¶5The appellant/Insurance Company has filed the present appeal mainly on the ground that the second respondent, the offending vehicle, did not possess a valid permit and therefore, pay and recover ought not to have been ordered.

¶6This Court carefully considered the submissions made by the learned counsel appearing for the appellant/Insurance Company and also the award passed by the Tribunal.

¶7The 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.

¶8Insofar 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.

¶9In 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 remains unaltered. No costs. Consequently, connected miscellaneous petition is closed.

10.07.2026 ham To

¶1The IV Judge, IV Court of Small Causes. Motor Accidents Claims Tribunal, Chennai.

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

, J.

ham and C.M.P.No.16286 of 2026

10.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.07.2026 CORAM: THE HON'BLE MR. JUSTICE N. ANAND VENKATESH and C.M.P.No.16286 of 2026 M/s. Liberty General Insurance Ltd., 2nd Floor, No.A-7, A-53, Second Avenue, South Wing, Shriram House, Anna Nagar East, Chennai – 600 102. ... Appellant Vs. 1. Priyadarshini 2. Pravin Namdev Mohite ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree made in MCOP No.1526 of 2023, dated 30.10.2025, on the file of the Motor Accidents Claims Tribunal, IV Court of Small Causes, Chennai. For Appellant : Ms.C.Harini for M.B.Gopalan Associates