The Divisional Manager v. Isravel

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 C.M.A(MD)Nos.989 of 2025 and CMP (MD) No.14956 of 2025 The Divisional Manager National Insurance Company Limited Anguvilas Building, 112, Vadakku Rathaveethi Nagercoil.

... Appellant Vs.

1. Isravel

2. Marbin Sundar ... Respondents PRAYER:- Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Special Judge for Forest Offence Cases, Nagercoil in MCOP No.205 of 2023 dated 19.09.2024 and pass such further or other orders as this Honorable Court may deem fit and thus 1/8

render justice.

For Appellant : Mr. D.Siva Raman For Respondents : No appearance

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 Judge for Forest Offence Cases, Nagercoil, in MCOP No.205 of 2023 dated 19.09.2024.

2. The first respondent is the claimant. The case of the first respondent is that on 02.07.2023, at about 7.30 p.m., the petitioner was a pedestrian and at that point of time, the two wheeler belonging to the second respondent herein was driven 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 2/8

in Subam Hospital till 06.07.2023. An FIR came to be registered in Crime No.142 of 2023. It is under these circumstances, the claim petition came to be filed before this Tribunal.

3. The 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 only due to the rash and negligent driving on the part of the offending vehicle.

4. Having rendered such finding, the Tribunal fixed the total compensation at Rs.1,41,126/- under the following heads: Head Amount Pain and Sufferings Rs.50,000/- Transportation Expenses Rs.15,000/- Extra Nourishment Rs.20,000/- Loss of Cloth and Property Rs.2000/- Attender Charges Rs.13,500/- Medical expenses Rs. 10,626/- Loss of Income Rs. 30,000/- 3/8

Total Rs. 1,41,126/-

5. The above compensation was directed to be paid along with interest at the rate of 7.5% per annum. However considering the fact that the driver of the offending vehicle did not posses a valid driving license, pay and recover was ordered.

6. The Insurance Company has filed the present appeal mainly on the ground that the driver of the offending vehicle respondent did not possess a valid driving license and therefore, pay and recover ought not to have been ordered.

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

8. The ground that was taken by the learned counsel appearing for the appellant is to the effect that the Tribunal ought not to have 4/8

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.

9. Insofar as the first ground that was raised by the learned counsel appearing for the appellant, the same is squarely covered by the judgment passed by this Court in a batch of appeals in CMA.(MD).No. 517 of 2025 etc, dated 01.06.2026, wherein, this Court has sustained the principle pay and recover ordered by the Tribunal in similar circumstances.

10. Insofar 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. 5/8

11. It 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.

12. In 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 6/8

To

1. Motor Accident Claims Tribunal, Special Judge for Forest Offence Cases, Nagercoil.

2.The Record Keeper (Vernacular Records), Madurai Bench of Madras High Court, Madurai.

7/8

N. ANAND VENKATESH,J.

AND K.K.RAMAKRISHNAN,J.

PKN 15.06.2026 8/8