The Manager v. Thenmozhi Jagatheesan

JUDGMENT This appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, Special District Court to deal with MCOP Cases, Tiruppur, in M.C.O.P.No.398 of 2023 dated

10.02.2026.

¶2The respondents 1 to 4 are claimants. The case of the claimants is that on 22.12.2022, at about 07.30 p.m., when the deceased was crossing the road at Tirupur PN Road, a two wheeler, belonging to the sixth respondent, came in a rash and negligent manner and dashed against the deceased, as a result of which, the deceased sustained grievous injuries and died. A First Information Report came to be registered in Crime No.1585 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, Page3 of 6 the Tribunal proceeded to fix the compensation at Rs.17,33,600/- under various heads as follows: Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Loss of monetary benefits 15,24,600/-

¶2Loss of consortium 1,76,000/-

¶3Loss of estate 16,500/-

¶4Funeral expenses 16,500/- Total 17,33,600/- 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.

¶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 Page4 of 6 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 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. 07-07-2026 Index: Yes/No Speaking/Non-speaking order gm Page5 of 6 To The Motor Accident Claims Tribunal, Special District Court to deal with MCOP Cases, Tiruppur. Page6 of 6

N.ANAND VENKATESH, J. gm Civil Miscellaneous Appeal No.2049 of 2026 07-07-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Miscellaneous Appeal No.2049 of 2026 and C.M.P.No.15819 of 2026 The Manager Shriram General Insurance Co. Ltd., No.3, NMS Tower, 1st Floor, Indra Nagar, Palladam Main Road, Tiruppur – 641 604. ..Appellant Vs 1. Thenmozhi Jagatheesan W/o.Late Vijayakumar 2. Minor Siddarth G/M.Thenmozhi 3. Minor Sarvesh G/M Thenmozhi [Minor respondents 2 & 3 represented by Mother and NF 1st Respondent] Muthukrishnan (Died) 4. Rajammal W/o.Muthukrishnan 5. Udhayaprathap Chandrabose S/o.Chandrabose 6. Vijayakumari W/o.Chandrabose ..Respondents Page2 of 6 Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award dated 10.02.2026 made in MCOP No.398 of 2023 on the file of the Motor Accident Claims Tribunal, Special District Court to deal with MCOP Cases, Tiruppur. For Appellant : Mrs.R.Sree Vidhya *****