The Regional Manager v. Victoria

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/ Special District Judge, Thanjavur in M.C.O.P.No.745 of 2024 dated

17.07.2025.

¶2The respondents are the claimants. The first respondent is the wife of the deceased, the respondents 2 to 4 are the children of the deceased and the fifth respondent is the mother of the deceased. The case of the respondent is that on 28.04.2024, at about 6.00 p.m., the deceased was the pillion rider in the two-wheeler. At that point of time, the sixth respondent, who was riding another two-wheeler, drove the same in a rash and negligent manner and dashed against the two-wheeler of the deceased, as a result of which the deceased sustained grievous injuries and was admitted as an inpatient in Thanjavur Medical College and Hospital till 29.04.2024. Subsequently he succumbed to the injuries on the same day. An FIR came to be registered in Crime No. 201 of 2024. 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 belonging to the sixth respondent.

¶4Having rendered the above finding, the Tribunal proceeded to determine the compensation amount in the following manner: Head Amount Loss of Income Rs.26,78,940/-Consortium to the 1st respondent/wife of the deceased Rs. 48,000/-Parental Consortium to the 2nd to 4th respondents, children of the deceased Rs. 1,44,000/-Filial Consortium to the 5th respondent, parent of the deceased Rs. 48,000/-Funeral Expenses Rs. 18,000/-Loss of Estate Rs. 21,600/-Total Rs.29,58,540/-

¶5The above compensation amount of Rs.29,58,540/- was directed to be paid along with interest at the rate of 7.5% per annum from the date of the petition till the date of deposit. However considering the fact that the driver of the offending vehicle did not possess a valid driving license, pay and recover was ordered.

¶6The 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.

¶7This Court carefully considered the submissions made by the learned counsel appearing for the appellant and also the award passed by the Tribunal.

¶8The 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.] [S.S.Y., J.]

08.06.2026

NCC :Yes/No Index :Yes/No RR To

1.The Motor Accident Claims Tribunal/ Special District Judge, Thanjavur.

2.The Record Keeper (Vernacular Records), Madurai Bench of Madras High Court, Madurai. N. ANAND VENKATESH,J. AND S.SRIMATHY,J. RR

08.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2026 CORAM: THE HON'BLE MR JUSTICE N.ANAND VENKATESH AND THE HON'BLE MRS JUSTICE S.SRIMATHY and CMP.(MD).No.2355 of 2026 The Regional Manager, National Insurance Company Limited, No.33, Bharathidasan Road, Cantonment, Trichy ... Appellant Vs. 1.Victoria W/o. Chinnappan @ Vijayan 2.Jacqueline Ilakiya W/o. Raja 3.Sukanya W/o. Devaraj 4.Amududina S/o. Chinnappan @ Vijayan 5.Ponnuthai W/o. Arogyaswamy 6.Benjamin S/o. Kuzhandhasamy ... Respondents PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1973, to set aside the award passed in M.C.O.P.No. 745 of 2024 dated 17.07.2025 on the file of the Motor Accident Claims Tribunal/ Special District Judge, Thanjavur. For Appellant : Mr.N.S.Ramakrishna Dass For Respondents : Mr.K.N.Karunakaran for R1 to R4 No Appearance for R6