The Manager (Legal) v. Leema

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.1285 of 2025 and CMP (MD) No.17700 of 2025 The Manager (Legal) SBI General Insurance Co. Ltd., No.206/3, 3rd floor, Ramalingam road, R.S.Puram West, Coimbatore.

... Appellant Vs.

1. Leema

2. Soosaimanickam

3. Anthony Raj

4. K.Vadivel ... Respondents 1/8

PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act to set aside the order made in MCOP.No.1412 of 2024 dated 24-06-2025 on the file of the Motor Accident Claims Tribunal Cum Special District Court, Thanjavur.

For Appellant : Mr. N.Shyllappakalyan 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 cum Special District Court, Thanjavur in M.C.O.P.No.1412 of 2024 dated 24.06.2025.

2. The respondents are the claimants. The first respondent is the daughter of the deceased and the second and third respondents are the sons of the deceased. The case of the respondents is that on 26.07.2024, 2/8

at about 3.00 p.m., while the deceased was working in the field, the driver of the tractor belonging to the fourth respondent drove the vehicle in a rash and negligent manner and dashed against the deceased, as a result of which, the deceased sustained grievous injuries and was immediately taken to the Thanjavur Medical College and Hospital, where she succumbed to the injuries. An FIR came to be registered in Crime No. 359 of 2024. 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 fourth respondent.

4. Having rendered the above finding, the Tribunal proceeded to determine the compensation amount in the following manner: 3/8

Head Amount Loss of Income Rs.11,52,036/- Parental Consortium to 1st to 3rd respondents Rs.1,44,000/- Funeral Expenses Rs.18,000/- Loss of Estate Rs. 21,600/- Total Rs.13,35,640/- The above compensation amount of Rs.13,35,640/- was 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 driving license, 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 driving license and therefore, pay and recover ought not to have been ordered.

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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 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 5/8

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.] [K.K.R.K., J.] 15.06.2026 NCC :Yes/No Index :Yes/No PKN 6/8

To

1. Motor Accident Claims Tribunal Cum Special District Court, Thanjavur.

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

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N. ANAND VENKATESH,J.

AND K.K.RAMAKRISHNAN,J.

PKN 15.06.2026 8/8