CMA No. 491 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH CMA No. 491 of 2026 and CMP No.5916 of 2026 The Branch Manager Reliance General Insurance Company Ltd., First Floor, Kruthika Arcade, MPS SAS No.329, 331, Near NR Circle, HN Pura Road, Hasan, Karnataka. Branch office at First Floor, Sri Lakshmi complex, Bharathi Street, Omalur Main road, Swarnapuri, Salem Dist. ..Appellant(s) Vs 1. Jagankumar S/o.Ponnusamy, No.2/62, Mudhalaipattipudhur, Mudhalaipatti, Namakkal Tk and Dist. 2. Dhananjaya JD S/o.Dodde Gowda JD, Basavanahally, Chickmangalur Dist., Karnataka State. ..Respondent(s) PRAYER: To set aside the order dated 21-11-2025 made in M.C.O.P.No.122 of 2024 on the file of the Motor Accident Claims Tribunal, Sub Court, Namakkal. For Appellant(s): Mr.G.Vasudevan For Respondent(s): For R1 – Served no appearance For R2 – Addressee left https://www.mhc.tn.gov.in/judis CMA No. 491 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, Namakkal in M.C.O.P.No. 122 of 2024 dated 21.11.2025. 2. The first respondent is the claimant. The case of the first respondent is that on 15.10.2022, at about 12.45 p.m., the first respondent was riding his two- wheeler, at that point of time, the driver of the lorry belonging to the second respondent drove the same in a rash and negligent manner and dashed against the first respondent, as a result of which, the first respondent sustained grievous injuries and was admitted as an in-patient at Namakkal Maruthi Hospital for treatment. An FIR came to be registered in Crime No. 217 of 2022. 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 offending vehicle. 4. Having rendered the above finding, the Tribunal proceeded to determine the compensation amount in the following manner: https://www.mhc.tn.gov.in/judis CMA No. 491 of 2026 __________ Page3 of 6 HEAD AMOUNT Disability Rs.49,000/- Pain and Suffering Rs.25,000/- Extra Nourishment Rs.5,000/- Attender Charges Rs.3,000/- Loss of Convenience Rs.10,000/- Loss of income Rs.10,000/- Damages to Clothes and other valuables Rs.2,000/- Transportation Charges Rs.5,000/- Medical Expenses Rs.60,724/- Total Rs.1,69,724/- The above compensation amount of Rs. 1,69,724/- 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 permit, 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 permit and therefore, pay and recover ought not to have been ordered. https://www.mhc.tn.gov.in/judis CMA No. 491 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 recovery. 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 recovery. 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 75% of the award amount along with accrued interest has already been deposited before the Tribunal. 10. In the result, this Civil Miscellaneous Appeal stands dismissed. There shall be a direction to the appellant/Insurance Company to deposit the https://www.mhc.tn.gov.in/judis CMA No. 491 of 2026 __________ Page5 of 6 remaining 25% of the disputed liability along with interest to the credit of M.C.O.P No.122 of 2024 on the file of the Motor Accident Claims Tribunal, Sub Court, Namakkal within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimants will be entitled to withdraw the remaining compensation in the proportion as fixed by the Tribunal. No costs. Consequently, connected miscellaneous petition is closed. 30-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSI To: 1. The Sub Judge, Motor Accident Claims Tribunal, Namakkal. 2. The Section Officer, VR Section, High Court of Madras. https://www.mhc.tn.gov.in/judis CMA No. 491 of 2026 __________ Page6 of 6 N.ANAND VENKATESH, J. SSI CMA No.491 of 2026 30-06-2026 https://www.mhc.tn.gov.in/judis