The Branch Manager v. Prasanth

Judgment This appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal/ Chief Judicial Magistrate, Dharmapuri in MCOP No. 246 of 2020 dated 14.12.2022.

¶2The 1st respondent is the claimant. The case of the 1st respondent is that on 10.06.2020, at about 8.00 Hrs., the 1st respondent along with two other individuals were travelling as a load man on a mini tipper lorry, at that point of time, the driver of the lorry drove the vehicle in a rash and negligent manner and applied sudden brakes at a hilly curve, as a result of which, the lorry capsized on the road. Consequently, the 1st respondent was taken to multiple hospitals for treatment. An FIR came to be registered in Crime No. 1008 of 2020. 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. Page3 of 6

¶4Having rendered the above finding, the Tribunal proceeded to determine the compensation amount in the following manner: Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Loss of future income Rs. 6,91,200/-

¶2Medical Bills Rs. 2,88,417/-

¶3Transportation Charges Rs. 30,000/-

¶4Pain and Suffering and Trauma Rs. 40,000/-

¶5Special Diet Rs. 15,000/-

¶6Other expenses Rs.5,000/- Total Rs.10,69,617/- The above compensation amount of Rs.10,69,617/- was directed to be paid along with interest at the rate of 7.5% per annum 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.

¶5The 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

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

¶7The ground that was 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 issued is before the amendment. The said ground is squarely covered by the 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.

¶8Insofar as the quantum of compensation is concerned, this Court finds that the Tribunal has granted a just and reasonable compensation and it does not require the interference of this Court.

¶9In the result, this Civil Miscellaneous Appeal stands dismissed. The appellant insurance company is directed to deposit the entire compensation along with accrued interest, if not already deposited and on such deposit being made, the claimants will be entitled to withdraw the compensation amount in Page5 of 6 the proportion as fixed by the Tribunal. No costs. Consequently connected Miscellaneous Petition is closed. 01-07-2026 Index: Yes/No Speaking/Non-speaking order RKA To The Motor Accident Claims Tribunal/Chief Judicial magistrate, Dharmapuri. CMAoNo.o1144oofo2024 N.ANANDoVENKATESHoJ. RKA CMAoNo.o1144oofo2024 AND CMPoNO.o10360oOFo2024 01-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH AND CMP NO. 10360 OF 2024 The Branch Manager The New India Assurance Co.Ltd., D.NO.39C By- Pass Road, Dharmapuri Town, Dharmapuri District ..Appellant(s) Vs 1. Prasanth S/o. Jambu, D.No.2/96, Vanampatty Village, Kattampatty Post, Palacode Taluk 2. P Pattappan S/o. Perumal, D.No.6/114, East Pallakadu, Thikkiyampalayam, Vazhapady Taluk, Salem District ..Respondent(s) To set aside the award dated 14th day of December,2022 made in MCOP.No.246/2020 on the file of the Motor Accident Claims Tribunal/Chief Judicial magistrate, Dharmapuri. For Appellant(s): M/s.C.Ramesh Babu A Salomi S Pavithra T Rara Nandhini For Respondent(s): M/s D.Ramesh Kumar For R1 R-2 P PATTAPPAN S/o. Perumal, D.No.6/114, East Pallakadu, Thikkiyampalayam, Vazhapady Taluk, Salem District Page2 of 6