CMA No. 1973 of 2026 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH CMA No. 1973 of 2026 AND CMP NO. 15389 OF 2026 The Branch Manager National Insurance Co Ltd 165, Nethaji Road, Manjakuppam, Cuddalore 607 001 ..Appellant(s) Vs 1. S Govindasami S/o Sengan 2. R Rajasekaran S/o Ramakrishnan ..Respondent(s) Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the Order in MCOP.No.1658 of 2023 on the file of the Motor Accident Claims Tribunal, (Special District Court No.1, Cuddalore) at Cuddalore dated 05.08.2025. For Appellant(s): M/s.Krishnamoorthy M For Respondent(s): Mrs.Ramya V Rao for R1 https://www.mhc.tn.gov.in/judis CMA No. 1973 of 2026 __________ Page2 of 8 Judgment This Civil Miscellaneous Appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, Special District Court, No.1, Cuddalore in MCOP No.1658 of 2023 dated 05.08.2025, insofar as the Tribunal applied the principle of ‘pay and recover’ for an accident which took place after the amendment Act came into force and also the quantum of compensation fixed by the Tribunal. 2. The case of the claimant is that on 12.06.2023, while the claimant was walking from Kulanchavai bus stop, at about 3.00 p.m, the offending vehicle was driven in a rash and negligent manner and it dashed on the claimant. As a result of which, the claimant sustained the following injuries :- Fracture right zygomatic Arch bone Fracture right hand distal radius bone Contusion lacerate injury over left frontal region with hemorrhagic Lacerated injury on right hand Heavy impact on hit and chest Multiple Grievous injuries all over the body The claimant underwent treatment for the serious injuries sustained in the accident. An FIR came to be registered in Crime No.187 of 2023 against the https://www.mhc.tn.gov.in/judis CMA No. 1973 of 2026 __________ Page3 of 8 driver of the offending vehicle. It is under these circumstances, the claim petition came to be filed before the Tribunal. 3. The Appellant insurance company filed a counter and took a stand that the driver of the offending vehicle did not possess a valid driving license and therefore, the insurance company was not liable to pay the compensation. 4. The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence came to the conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle. 5. Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.8,52,000/- under the following heads :- Sl.No. Compensation awarded under the head Amount (in Rs.) 1. Disability Rs.4,10,000/- 2. Pain and sufferings Rs.2,50,000/- 3. Extra Nourishment Rs.30,000/- 4. Transport Charges Rs.10,000/- 5. Attender charges Rs.30,000/- 6. Loss of amenities Rs.30,000/- 7. Loss of income Rs.90,000/- https://www.mhc.tn.gov.in/judis CMA No. 1973 of 2026 __________ Page4 of 8 8. Damages to cloths Rs.2,000/- Total Rs.8,52,000/- 6. The above compensation was directed to be paid with interest at the rate of 7.5% per annum. Aggrieved by the same, the insurance company has filed this appeal. 7. Heard Mr.M.Krishnamoorthy, learned counsel for appellant and Mrs.Ramya V Rao, learned counsel for the 1st respondent. 8. This Court carefully considered the submissions made on the side of the appellant and the materials available on record. 9. This Court also carefully went through the award passed by the Tribunal. 10. The Tribunal while considering the objection raised on the side of the insurance company came to the conclusion that even after the Amendment Act, the principle of ‘pay and recover’ can be applied. Accordingly, the Tribunal directed the insurance company to pay the compensation amount along with interest. Aggrieved by the same, the present appeal has been filed before this Court by the Insurance company. https://www.mhc.tn.gov.in/judis CMA No. 1973 of 2026 __________ Page5 of 8 10. Insofar as the issue of liability is concerned, the same is covered by the judgment of the Hon'ble Supreme Court in National Insurance Co. Ltd. vs. Swaran Singh & Ors., reported in (2004) 3 SCC 297. Insofar as the quantum of compensation is concerned, considering the age of the claimant and the nature of injuries sustained, this Court is of the view that a sum of Rs.2,50,000/- awarded under the head of pain and sufferings is excessive and this Court is inclined to reduce the same to Rs.50,000/-. 11. The Tribunal has fixed the compensation under the head of loss of income at Rs.90,000/- and this Court is inclined to reduce the same to Rs.45,000/- (3 x 15,000). 12. The compensation that has been fixed under the other heads are just and reasonable and it does not require the interference of this Court. 13. In the light of the above discussion, this Court modifies the compensation in the following manner:- Sl.No. Compensation awarded under the head Amount by the Tribunal (in Rs.) Amount awarded by this Court (in Rs.) 1. Disability Rs.4,10,000/- Rs.4,10,000/- https://www.mhc.tn.gov.in/judis CMA No. 1973 of 2026 __________ Page6 of 8 2. Pain and sufferings Rs.2,50,000/- Rs.50,000/- 3. Extra Nourishment Rs.30,000/- Rs.30,000/- 4. Transport Charges Rs.10,000/- Rs.10,000/- 5. Attender charges Rs.30,000/- Rs.30,000/- 6. Loss of amenities Rs.30,000/- Rs.30,000/- 7. Loss of income Rs.90,000/- Rs.45,000/- 8. Damages to cloths Rs.2,000/- Rs.2,000/- Total Rs.8,52,000/- Rs.6,07,000/- 14. The compensation awarded by the Tribunal is reduced from Rs8,52,000/- to Rs.6,07,000/-. The Appellant Insurance company is directed to deposit the compensation amount, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of four (4) weeks from the date of receipt of this judgment. On such deposit, the claimant is entitled to withdraw the compensation amount. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. The guidelines issued by the Division Bench of this Court in C.M.A.No.4736 of 2026, dated 06.07.2026 shall be strictly complied with respect to disbursement of the compensation amount to the claimant. https://www.mhc.tn.gov.in/judis CMA No. 1973 of 2026 __________ Page7 of 8 15. In the result, the Civil Miscellaneous Appeal is Partly Allowed in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 06-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To 1. The Motor Accident Claims Tribunal, (Special District Court No.1, Cuddalore) at Cuddalore 2. The Section Officer, VR Section. High Court, Madras https://www.mhc.tn.gov.in/judis CMA No. 1973 of 2026 __________ Page8 of 8 N.ANAND VENKATESH J. RKA CMA No. 1973 of 2026 AND CMP NO. 15389 OF 2026 06-08-2026 https://www.mhc.tn.gov.in/judis