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2025 DAILYLAW 8852 (MAD)

Royal Sundram General Insurance Private Limited v. A.Palanichamy

CRP(MD)/3768/2025 · 2026-07-15

S Sounthar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P.(PD)(MD)No.3768 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2026 CORAM THE HONOURABLE MR. JUSTICE S.SOUNTHAR C.R.P.(PD)(MD)No.3768 of 2025 and C.M.P.(MD)No.19838 of 2025 Royal Sundram General Insurance Private Limited, ATP Towers, No.12A, 5th Floor, Bye Pass Road, Madurai. ... Petitioner Vs 1. A.Palanichamy 2. A.Gabriel Rajasingh ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 02.06.2025 made in M.C.O.P.No.863 of 2023 on the file of Fourth Additional Sub Court, Motor Accident Claims Tribunal, Madurai and allow this Revision Petition as prayed for. For Petitioner : Mr.M.E.Elango For Respondents : Mr.K.Kumaravel for R1 Mr.B.Gokul Mani for R2 1/4 https://www.mhc.tn.gov.in/judis C.R.P.(PD)(MD)No.3768 of 2025 O R D E R This Civil Revision Petition is filed challenging the award passed by the Motor Accident Claims Tribunal ordering pay and recovery against the petitioner Insurance company. 2. The learned Counsel appearing for the petitioner would submit that the order of pay and recovery passed by the tribunal is un- sustainable in view of the amendment to Section 149 of the Motor Vehicles Act. The learned counsel also submits that after amendment to Motor Vehicles Act, the Tribunal has no power to order pay and recovery in case of violation of policy conditions. The issue raised by the petitioner in this civil revision petition is no longer res integra. I had an occasion to consider this issue in SBI General Insurance Company Limited Vs. Muthulakshmi and others reported in 2025:MHC:991, wherein it was held that even after amendment to Motor Vehicles Act, in the year 2019, the Tribunal can order pay and recovery. The said view was affirmed by a Division Bench of this Court in Branch Manager, ICICI Lombard General Insurance Company Vs. Mariyapushpam and 2/4 https://www.mhc.tn.gov.in/judis C.R.P.(PD)(MD)No.3768 of 2025 others reported in 2026:MHC:179. Since the issue raised by the petitioner is already settled by the Division Bench of this Court, the petitioner has not made out any case to interfere with the award passed by the Tribunal. 3. Accordingly, the Civil Division petition stands dismissed. No costs. Consequently, the connected civil miscellaneous petition is closed. 15.07.2026 NCC : Yes / No Index : Yes / No vsm To 1. The Fourth Additional Sub Court, Motor Accident Claims Tribunal, Madurai. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis C.R.P.(PD)(MD)No.3768 of 2025 S.SOUNTHAR, J. vsm C.R.P.(PD)(MD)No.3768 of 2025 15.07.2026 4/4 https://www.mhc.tn.gov.in/judis