The Regional Manager v. Shanmuga Vadivu
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.2320 of 2026 The Regional Manager National Insurance Co. Ltd., Kalaizgnar Malikai, 5A, Sub Collector Office Road Dindigul District.
... Appellant(s) Vs.
1. Shanmuga Vadivu
2. Gopi Anand
3. K.S.Ragupathi
4. A.Arumugam ... Respondents PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act to set aside the award passed in MCOP.No.213 of 2023 dated 14-08-2025 on the file of Motor Accident Claims Tribunal / Special Subordinate Judge, Dindigul.
For Appellants : Mr. N.S.Ramakrishna Dass For Respondents : Mr.C.M.Mari Chelliah Prabhu for R1 & R2 Mr.B.JAnath Kumar @ B.Janath Ahmed for R3 R4 - Deceased 1/7
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 Subordinate Judge, Dindigul in M.C.O.P.No.213 of 2023 dated 14.08.2025.
2. The respondents are the claimants. The first respondent is the mother of the deceased and the second respondent is the brother of the deceased. The case of the respondents is that on 24.11.2022, at about 9.20 a.m., the deceased was riding a two-wheeler while travelling to his place of work. At that point of time, the driver of the Ashok Leyland truck belonging to the fourth respondent, drove the vehicle in a rash and negligent manner and collided with the two-wheeler driven by the deceased, as a result of which, the deceased sustained grievous injuries and subsequently succumbed to the injuries on the very same day at Vedasandur Government Hospital. An FIR came to be registered in 2/7
Crime No. 348 of 2022. It is under these circumstances, the claim petition came to be filed before the 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 due to the rash and negligent driving on the part of the driver of the offending vehicle belonging to the fourth respondent.
4. Having rendered the above finding, the Tribunal proceeded to determine the compensation amount in the following manner: Head Amount Loss of Dependency Rs.24,27,600/- Loss of Consortium Rs. 48,000/- Loss of Estate Rs. 18,000/- Funeral Expense Rs. 18,000/- Transport Expenses Rs. 18,000/- Total Rs.25,29,600/- The above compensation amount of Rs.25,29,600/- was 3/7
directed to be paid along with interest at the rate of 7.5% per annum from the date of the petition. However considering the fact that the driver of the offending vehicle did not possess a valid permit, pay and recover was ordered.
5. The Insurance Company has filed the present appeal mainly on the ground that the driver of the offending vehicle did not possess a valid permit and therefore, pay and recover ought not to have been ordered.
6. This Court carefully considered the submissions made by the learned counsel appearing for the appellant and also the award passed by the Tribunal.
7. The 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 4/7
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.
8. Insofar 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.
9. 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.
10. 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.] [S.S.Y., J.] 08.06.2026 5/7
NCC :Yes/No Index :Yes/No RR To 1.The Motor Accident Claims Tribunal / Special Subordinate Judge, Dindigul 2.The Record Keeper (Vernacular Records), Madurai Bench of Madras High Court, Madurai.
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N. ANAND VENKATESH,J.
AND S.SRIMATHY,J.
RR 08.06.2026 7/7