The Divisional Manager v. Hussain Bee (Insane)

JUDGMENT This civil miscellaneous appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, Special Sub Court, Tiruvannamalai, in MCOP No.347 of 2024 dated 05.12.2025.

¶2The first respondent is the wife of the deceased Usman and respondents 2 to 4 are his children. The case of the claimants is that on

10.03.2024, at about 10.40 a.m., when the deceased was riding his two wheeler from south to north on the Tindivanam-Tiruvannamalai main road, a car belonging to fifth respondent was driven in a rash and negligent manner and hit the two wheeler, as a result of which, the deceased sustained grievous injuries all over the body and died on the way to the Government Medical College Hospital, Tiruvannamalai. Consequently, a First Information Report came to be registered in Crime No.111 of 2024 against the driver of the offending vehicle. 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. Since the deceased did not possess a valid driving license at the time of the accident, the Tribunal fixed 85% negligence on the part of the driver of the offending vehicle and contributory negligence was fixed at 15% on the deceased.

¶4Having rendered the above finding, the Tribunal proceeded to fix the compensation at Rs.7,69,900/- under various heads as follows: Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Loss of Income 5,40,000

¶2Loss of Consortium 1,93,600

¶3Loss of Estate 18,150

¶4Funeral Expenses 18,150 Total 7,69,900/- The 15% contributory negligence was deducted and the total compensation was fixed at Rs.6,54,415/-, which was directed to be paid with interest at the rate of 7.5% per annum. However, considering the fact that the driver of the offending vehicle did not possess a valid driving license, pay and recover was ordered.

¶5The 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.

¶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 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.

09.07.2026 ham To

¶1The Special Sub Judge, Special Sub Court, Motor Accidents Claims Tribunal, Tiruvannamalai.

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

, J.

ham and C.M.P.No.16193 of 2026

09.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.07.2026 CORAM: THE HON'BLE MR. JUSTICE N. ANAND VENKATESH and C.M.P.No.16193 of 2026 The Divisional Manager, The New India Assurance Co. Ltd., Chennai Regional Office, Spencer Towers, 3rd Floor, No.770A, Anna Salai, Chennai. ... Appellant Vs. 1. Hussain bee (Insane) (Rep. by her daughter, next friend and guardian, Dilshath Begam) 2. Khathar Basha 3. Abdul Khathar Jeelani 4. Dilshath Begam 5. Santhosh Banu ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the order dated 05.12.2025 made in MCOP No.347 of 2024, on the file of the Motor Accidents Claims Tribunal, Special Sub Court, Tiruvannamalai. For Appellant : Mr.S.Dhakshnamoorthy