Iffco Tokio General Insurance Co Ltd v. Madhu

JUDGMENT This civil miscellaneous appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, Special District Court for Motor Accident Claims Cases, Krishnagiri, in MCOP No.858 of 2023 dated 29.01.2026.

¶2The first and second respondents/claimants are the parents of the deceased, Chinnathambi. The case of the claimants is that on

07.02.2023, at about 18.45 hours, the deceased Chinnathambi was travelling as a pillion rider on a two wheeler driven by one Hariyappan along the Krishnagiri-Rayakottai Road and when they were near the Sokkadi bus stop, a motorcycle belonging to the third respondent was driven in a rash and negligent manner and dashed against the deceased's two wheeler. As a result, the deceased sustained grievous injuries and was rushed to the Government Hospital, Krishnagiri for first aid and subsequently, taken to the Government Hospital, Dharmapuri, where he was declared brought dead. Consequently, a First Information Report came to be registered in Crime No.58 of 2023 against the third respondent. 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.17,84,200/- under various heads as follows: Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Loss of dependency 16,63,200

¶2Loss of Estate 16,500

¶3Funeral Expenses 16,500

¶4Loss of Consortium 88,000 Total 17,84,200/- 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/Insurance Company and also the award passed by the Tribunal.

¶6The 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.

¶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.

¶8In 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.

02.07.2026 ham To

¶1The District Judge, Special District Court for Motor Accident Claims Cases, Motor Accidents Claims Tribunal, Krishnagiri.

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

, J.

ham and C.M.P.No.14000 of 2026

02.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.07.2026 CORAM: THE HON'BLE MR. JUSTICE N. ANAND VENKATESH and C.M.P.No.14000 of 2026 IFFCO Tokio General Insurance Company Limited, Rep. by its Manager, GSN Arcade, 2nd Floor, ICICI Bank, Bye Pass Road, Hosur – 635 109. ... Appellant Vs. 1. Madhu 2. Chinnapaiyan 3. M.Vignesh ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 29.01.2026 made in MCOP No.858 of 2023 on the file of Motor Accidents Claims Tribunal, Special District Court for Motor Accident Claims Cases, Krishnagiri, insofar as directing the appellant Insurance Company to pay and recover the compensation amount and consequently exonerate the appellant Insurance Company from liability and fasten the liability solely on the owner of the vehicle. For Appellant : Mr.N.Anbumurugan