CMA No. 1986 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH CMA No. 1986 of 2026 AND CMP NO. 15529 OF 2026 National Insurance Co Ltd Scope Minar, Core 3, 2nd Floor, Lakshmi Nagar, Delhi. ..Appellant(s) Vs 1. Rajamanickam S/o Mathaiyan @ Mathaiya Gowdar, 84/2, Royal Garden, Karamadai, Mettupalayam Taluk 2. Raja S/o.Narayanan,No.133, Harijana Street, Thelungapatti, Porunthalur, Kulithalai,Karur. ..Respondent(s) CMA No. 1986 of 2026 Civil Miscellaneous petition has been filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the order passed by the Motor Accident Claims Tribunal - Sub Court, Mettupalayam in MCOP No.161 of 2023 dated 09.02.2026 and allow the appeal. For Appellant(s): Mr.S Senthilkumar S.Remimol B.Srimathikamatchi https://www.mhc.tn.gov.in/judis CMA No. 1986 of 2026 __________ Page2 of 6 Judgment This appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, Sub Court, Mettupalayam in M.C.O.P. No.161 of 2023 dated 09.02.2026. 2. The case of the claimant is that on 18.06.2023, at about 5.45 p.m., the claimant was travelling on his two-wheeler on the Karamadai–Onnipalayam Road. At that point of time, the offending two-wheeler, which came from the opposite direction, was ridden by the 1st respondent in a rash and negligent manner and hit the claimant, due to which the claimant fell down and sustained grievous injuries. It is under these circumstances that the claimant filed the claim petition seeking compensation. 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. https://www.mhc.tn.gov.in/judis CMA No. 1986 of 2026 __________ Page3 of 6 4. Having rendered the above finding, the Tribunal proceeded to determine the compensation amount in the following manner: Head Amount Partial Permanent disability Rs.1,75,000/- Pain and sufferings Rs.1,20,000/- Extra Nourishment Rs. 18,000/- Attender Charges Rs.18,000/- Travelling expenses Rs.10,000/- Medical expenses Rs.3,13,000/- Future Medical expenses Rs. 25,000/- Loss of income Rs.35,000/- Total Rs.7,14,000/- The above compensation amount of Rs. 7,14,000/- 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. https://www.mhc.tn.gov.in/judis CMA No. 1986 of 2026 __________ Page4 of 6 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. In the result, this Civil Miscellaneous Appeal stands dismissed. The Insurance company is directed to deposit the entire 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 six (6) weeks from the date of receipt of this judgment. The claimant is entitled to withdraw the compensation amount in the proportion as fixed by the Tribunal. The other directions issued by the Tribunal with regard to the mode of payment of https://www.mhc.tn.gov.in/judis CMA No. 1986 of 2026 __________ Page5 of 6 compensation remains unaltered. No costs. Consequently connected Miscellaneous Petition is closed. 02-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To The Motor Accident Claims Tribunal - Sub Court, Mettupalayam https://www.mhc.tn.gov.in/judis CMA No. 1986 of 2026 __________ Page6 of 6 N.ANAND VENKATESH J. RKA CMA No. 1986 of 2026 AND CMP NO. 15529 OF 2026 02-07-2026 https://www.mhc.tn.gov.in/judis