CMA No. 459 of 2024 __________ Page1 of 9 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH CMA Nos.459 & 651 of 2024 C.M.P.Nos.4769 & 6130 of 2024 Reliance General Insurance Company Limited Sri Lakshmi Complex, 1st Floor, Bharathi Street, Omalur Main Road, Swarnapuri, Salem 636 004. ..Appellant(s) in both C.M.A’s Vs 1. Baskar 2. T.C.Kuppusami ..Respondent(s) in C.M.A.No.459 of 2024 1.Jeyamani 2.Selvamani 3.Jeyakodi 4.Minor Jeyasudha 5.Minor Jeyadurai 6.T.C.Kuppusami 7.Jeyaraj 8.Jeyakumar 9.Jeyarani ..Respondent(s) in C.M.A.No.651 of 2024 Prayer in C.M.A.No.459 of 2024:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, pleased to set aside the Judgment and decree dated 12.04.2023 passed in MCOP.No.106 of 2020 on the file of MACT (Sub Court) Jeyankondan. Prayer in C.M.A.No.651 of 2024:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, pleased to set aside the Judgment and decree dated 12.4.2023 passed in M.C.O.P.No.59 of 2021 on the file of MACT (Special Court-1) Jeyankondan. https://www.mhc.tn.gov.in/judis CMA No. 459 of 2024 __________ Page2 of 9 For Appellant(s) in both C.M.A’s: Mr.P.Suresh Srinivasan For Respondent(s) in C.M.A.No.459 of 2024: For Respondent(s) in C.M.A.No.651 of 2024: Mr.M.Udayakumar for R1 R2 – No Appearance Mr.S.Elavarasan M/s.S.Viji for R1 to R5 COMMON JUDGMENT These appeals have been filed by the Insurance company challenging the awards passed in M.C.O.P.No.106 of 2020 and M.C.O.P.No.59 of 2021 on the files of MACT (Sub Court), Jeyankondan, and MACT (Special Court – 1), Jeyankondan, respectively. 2.C.M.A.No.651 of 2024 arises out of the award passed in M.C.O.P.No.59 of 2021. C.M.A.No.459 of 2024 arises out of the award passed in M.C.O.P.No.106 of 2020. The claimants in M.C.O.P.No.59 of 2021 are the parents, sisters and brother of the deceased Selvakumar. The claimant in M.C.O.P.No.106 of 2020 is the injured. 3.The case of the claimants is that on 20.10.2020 at about 6.00 p.m., the injured and the deceased were waiting in a place along with the two-wheeler near Mariamman Temple at Madhanathur Colony Street. The offending vehicle which was a lorry was driven in a rash and negligent manner and it dashed on the injured and the deceased. The injured sustained grievous injuries all over the https://www.mhc.tn.gov.in/judis CMA No. 459 of 2024 __________ Page3 of 9 body and also fracture on the right leg. The deceased sustained fatal injuries and he succumbed to the injuries. A First Information Report came to be registered against the driver of the lorry in Cr.No.930 of 2020. Under these circumstances, the Claim Petitions came to be filed before two different Tribunals. 4.The Tribunal, on considering the facts and circumstances of the case and on appreciation of 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.The Tribunal having rendered the above finding, fixed the total compensation in M.C.O.P.No.106 of 2020 at Rs.8,12,028/- under the following heads:- 1 kDjhuuJ tUkhd ,Hg;g[ U:/ 60,000 2 kUj;Jt bryt[j;bjhifahf k/rh/M 4 d;go U:/ 2,99,028 3 nghf;Ftuj;J bryt[f;fhf U:/ 3,000 4 typ kdntjid kw;Wk; kdcisr;ry; U:/ 1,00,000 5 Cl;lrj;J kw;Wk; ,ju njitfSf;fhf U:/ 20,000 6 Mil mzpfyd; kw;Wk; ,ju nrjhuj;jpw;F U:/ 5000 7 vjph;fhy bghUsPl;L jpwd; ,Hg;g[ U:/ 2,00,000 8 Cdj;jpw;fhd ,Hg;gPL U:/ 1,25,000 Tljy; ,Hg;gPl;L bjhifU:/ 8,12,028 https://www.mhc.tn.gov.in/judis CMA No. 459 of 2024 __________ Page4 of 9 6.Insofar as M.C.O.P.No.59 of 2021, the Tribunal fixed the total compensation at Rs.21,31,000/- under the following heads:- 1 kDjhuuJ tUkhd ,Hg;g[ (9,000 x 12 x 18 = 19,44,000) U:/ 19,44,000 2 md;g[ kw;Wk; ghr ,Hg;gpw;fhf (5 x 25,000/-) U:/ 1,25,000 3 cilik nrjhuj;jpw;fhf U:/ 2,000 4 <ik rl';F bryt[f;fhf U:/ 50,000 5 mkuu; Ch;jp bryt[f;fhf U:/ 10,000 Tljy; ,Hg;gPl;L bjhifU:/ 21,31,000 7.The above compensation amount was directed to be paid along with interest at the rate of 7.5% per annum. Aggrieved by the same, these appeals have been filed before this Court by the Insurance company / appellant. 8.Heard the learned counsel for appellant and the learned counsel for respondents. This Court has carefully considered the submissions made on either side and also went through the award passed by the Tribunal in both M.C.O.P’s. 9.The main issue that was raised by the learned counsel for the appellant is that the driver of the offending vehicle was in an inebriated state and the same https://www.mhc.tn.gov.in/judis CMA No. 459 of 2024 __________ Page5 of 9 was clearly established at the time of taking evidence and therefore the Tribunal ought to have ordered for pay and recovery. It is further contended that the compensation that has been fixed by the Tribunal under various heads are on the higher side which requires interference of this Court. 10.In the case in hand, the Tribunal has rendered a finding that the accident had taken place only due to the rash and negligent driving on the part of the driver of the lorry. On completion of investigation, a Police report was filed and RW1 who is the Investigating Officer has stated about it in the final report. It has been clearly brought out that the driver of the lorry was under the influence of alcohol and the same resulted in the accident. During cross- examination, the Investigating Officer has admitted that the driver himself gave a statement that he was under the influence of alcohol. 11.The Tribunal came to the conclusion that the driver of the offending vehicle was not subjected to any medical examination and therefore it has not been proved that the driver of the offending vehicle was in an inebriated state. 12.In the considered view of this Court, the owner and the driver of the vehicle remained ex-parte before the Tribunal and they did not care to let in any evidence before the Court. By applying the principle of preponderance of probabilities, it has been established that the driver of the offending vehicle was https://www.mhc.tn.gov.in/judis CMA No. 459 of 2024 __________ Page6 of 9 under the influence of alcohol. It is clearly a fundamental violation of the policy which entitles the Insurance company to pay the compensation amount to the victim and to recover the same from the owner of the vehicle. The finding of the Tribunal holding otherwise is hereby set aside and this Court holds that the principle of pay and recovery has to be applied in the facts of the present case. 13.Coming to the issue of compensation, this court finds that the compensation that has been fixed in M.C.O.P.No.59 of 2021 is fair and reasonable and it does not require the interference of this Court. 14.In so far as the compensation fixed in M.C.O.P.No.106 of 2020, the Tribunal has granted compensation under the head of future loss of income and fixed the sum at Rs.2,00,000/-. The compensation granted under this head is unsustainable and it has to be set aside by this Court. 15.The Tribunal has granted compensation of a sum of Rs.1,00,000/- under the head of pain and suffering which is also on the higher side. This Court is inclined to reduce the same to Rs.50,000/-. 16.The accident had taken place in the year 2020 and the claimant underwent treatment as in-patient for fifteen days and one surgery was also performed. The permanent disability has been assessed 25% by the Medical https://www.mhc.tn.gov.in/judis CMA No. 459 of 2024 __________ Page7 of 9 Board. The Tribunal had chosen to apply the percentage method and fixed Rs.5000/- per percentage. This is clearly on the lower side and this Court is inclined to fix a sum of Rs.10,000/- per percentage. Accordingly, the compensation under the head of disability is enhanced to Rs.2,50,000/-. 17.In the light of the above discussion, the compensation fixed by the Tribunal in M.C.O.P.No.106 of 2020 is modified as below:- 1 kDjhuuJ tUkhd ,Hg;g[ U:/ 60,000 2 kUj;Jt bryt[j;bjhifahf k/rh/M 4 d;go U:/ 2,99,028 3 nghf;Ftuj;J bryt[f;fhf U:/ 3,000 4 typ kdntjid kw;Wk; kdcisr;ry; U:/ 50,000 5 Cl;lrj;J kw;Wk; ,ju njitfSf;fhf U:/ 20,000 6 Mil mzpfyd; kw;Wk; ,ju nrjhuj;jpw;F U:/ 5000 7 Cdj;jpw;fhd ,Hg;gPL U:/ 2,50,000 ,Hg;gPl;L bjhifU:/ 6,87,028 18.The entire compensation amount has already been deposited in both the cases pursuant to the interim order passed by this Court. In view of the same, claimants will be permitted to withdraw the compensation amount along with accrued interest in the proportion fixed by the Tribunal. The balance of https://www.mhc.tn.gov.in/judis CMA No. 459 of 2024 __________ Page8 of 9 compensation amount available in M.C.O.P.No.106 of 2020 after withdrawal of the modified compensation amount by the claimant, shall be permitted to be withdrawn by the appellant / Insurance Company along with accrued interest. The appellant / Insurance company will be entitled to recover the compensation amount along with the interest from the owner of the vehicle. 19.In the result, both the C.M.A.’s are partly allowed in the above terms. No costs. Consequently, connected Civil Miscellaneous Petitions are closed. 22-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No EP To:- 1.MACT (Sub Court), Jeyankondam. 2.MACT (Special Court – 1), Jeyankondam. https://www.mhc.tn.gov.in/judis CMA No. 459 of 2024 __________ Page9 of 9 N.ANAND VENKATESH, J. EP CMA Nos.459 & 651 of 2024 C.M.P.Nos.4769 & 6130 of 2024 22-07-2026 https://www.mhc.tn.gov.in/judis