The Manager v. S.Virumayee

J U D G M E N T (Judgment of the Court was delivered by N.ANAND VENKATESH, J.) This appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, IV Additional Sub Court, Madurai in M.C.O.P. No. 578 of 2023 dated

17.03.2025.

¶2The first respondent is the claimant. The case of the first respondent is that on 23.01.2023 at about 9.00 a.m., the first respondent was seated as a pillion rider on the parked two wheeler belonging to her son. At that point of time, the second respondent rode his vehicle in a rash and negligent manner and dashed against the first respondent, as a result of which the first respondent sustained grievous injuries and was admitted as an in-patient at Aristo Hospital, Madurai, till 27.01.2023 for treatment. An FIR came to be registered in Crime No. 36 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 second respondent.

¶4Having rendered the above finding, the Tribunal proceeded to determine the compensation amount in the following manner: Head Amount Partial Permanent Disability Rs.1,75,000/- Pain and Suffering Rs. 25,000/- Extra Nourishment Rs. 7,000/- Transportation Charges Rs. 5,000/- Attender Charges Rs. 2,000/- Inconveneience caused Rs. 15,000/- Medical Expenses Rs. 1,04,372/- Total Rs.3,33,372/- The above compensation amount of Rs.3,33,372/- was rounded off to Rs. 3,33,500/- and was directed to be paid along with interest at the rate of 7.5% per annum from the date of the petition. Of the aforesaid compensation amount, 10% was directed to be borne by the first respondent. However considering the fact that the drivers of both the offending vehicle and the parked two-wheeler were not in possession of valid driving licenses, the Tribunal fixed 10% of the negligence on the first respondent and 90% on the second respondent. Consequently, pay and recover was ordered.

¶5The Insurance Company has filed the present appeal mainly on the ground that the driver of the parked two-wheeler 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 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. The said ground is squarely covered by the judgment of this Court in a batch of appeals in CMA.(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.

¶9It is brought to the notice of this Court by the learned counsel appearing for the Insurance Company that the entire award amount has already been deposited before the Tribunal.

¶10In the result, this Civil Miscellaneous Appeal stands dismissed. The claimants will be entitled to withdraw the compensation amount in the proportion as fixed by the Tribunal. No costs. Consequently connected Miscellaneous Petition is closed. [N.A.V., J.] [K.K.R.K., J.]

15.06.2026

NCC :Yes/No Index :Yes/No PKN To

¶1Motor Accidents Claims Tribunal, IV Additional Sub-Court, Madurai.

2.The Record Keeper (Vernacular Records), Madurai Bench of Madras High Court, Madurai. N. ANAND VENKATESH,J. AND K.K.RAMAKRISHNAN,J. PKN

15.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2026 CORAM: THE HON'BLE MR JUSTICE N.ANAND VENKATESH AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN and CMP (MD) No.17680 of 2025 The Manager Cholamandalam MS General Insurance Co. Ltd., Millenium Complex, First Floor, Near Shree ENT Hospital, Kalavasal, Madurai. ... Appellant (in both appeals) Vs. 1. S.Virumayee 2. A.Jayapandi ... Respondents PRAYER:- Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to set aside the Award passed in M.C.O.P.No.578 of 2023 on the file of Motor Accidents Claims Tribunal, IV Additional Sub- Court, Madurai, dated 17.03.2025 and allow the Civil Miscellaneous Appeal and pass such further or other orders as this Honourable Court may deem fit and proper in the nature and circumstances of the case and thus render justice. For Appellant : Mr.C.Vakeeswaran For Respondents : Mr.K.C.Ramalingam for R1