C.M.A.No.1767 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.07.2026 CORAM: THE HON'BLE MR. JUSTICE N. ANAND VENKATESH C.M.A.No.1767 of 2026 and C.M.P.No.14240 of 2026 IFFCO Tokio General Insurance Company Limited, Rep. by its Branch Manager, R.S.Puram Branch, Tulsi Chambers, 3rd Floor, 195, T.V.Samy Road West, R.S.Puram, Coimbatore – 641 002. ... Appellant Vs. 1. Murphy Samuel Timothy 2. Sunil Kumar 3. K.Kanmani ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, set aside the Judgment and Decree dated 05.02.2026 passed in MCOP No.9 of 2024 on the file of the Motor Accident Claims Tribunal, Special Subordinate Judge, Coimbatore, insofar as directing the Appellant Insurance Company to pay and recover the compensation amount and exonerate the appellant Insurance Company from liability and consequently fasten the liability solely upon respondents 1 and 2. For Appellant : Mr.N.Anbumurugan 1/6 https://www.mhc.tn.gov.in/judis C.M.A.No.1767 of 2026 JUDGMENT This civil miscellaneous appeal has been filed by the Insurance Company challenging the award passed by the learned Special Subordinate Judge, Motor Accident Claims Tribunal, Special Subordinate Court, Coimbatore, in MCOP No.9 of 2024 dated 05.02.2026. 2. The first respondent is the claimant. The case of the claimant is that on 31.01.2023, at about 09.30 p.m., when the first respondent/claimant was riding his motorcycle along the Sowripalayam- Pulliyakulam main road near the Thangam vegetable shop, a motorcycle belonging to the third respondent was driven by the second respondent in a rash and negligent manner and hit the claimant’s motorcycle, as a result of which, he sustained multiple injuries and was admitted as an inpatient at Leo Ortho Care Hospital, for treatment. Consequently, a First Information Report came to be registered in Crime No.50 of 2023 against the second respondent. 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 2/6 https://www.mhc.tn.gov.in/judis C.M.A.No.1767 of 2026 conclusion that the accident had taken place due to the rash and negligent driving on the part of the offending vehicle. Having rendered the above finding, the Tribunal proceeded to fix the compensation at Rs.3,79,120/- under various heads as follows: Sl.No. Compensation awarded under the head Amount (in Rs.) 1. Pain and Suffering 1,50,000 2. Medical Expenses 93,120 3. Extra Nourishment 25,000 4. Loss of Amenities 50,000 5. Attender Charges 10,000 6. Transportation Expenses 10,000 7. Damages to Clothing 5,000 8. Loss of Income 36,000 Total 3,79,120/- The above compensation was directed to be paid along with interest at the rate of 7.5% p.a. 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. 4. The appellant/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. 3/6 https://www.mhc.tn.gov.in/judis C.M.A.No.1767 of 2026 5. This Court carefully considered the submissions made by the learned counsel appearing for the appellant/Insurance Company and also the award passed by the Tribunal. 6. The ground taken by the learned counsel for the appellant/Insurance Company 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 C.M.A.(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. 7. 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. 8. In the result, this Civil Miscellaneous Appeal is dismissed. The appellant/Insurance Company is directed to deposit the compensation along with accrued interest, less the amount already deposited, within a period of six (6) weeks from the date of receipt of a copy of this judgment and on such deposit, the claimants are entitled to withdraw the same on due 4/6 https://www.mhc.tn.gov.in/judis C.M.A.No.1767 of 2026 application. The directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. No costs. Consequently, connected miscellaneous petition is closed. 02.07.2026 Neutral Citation: Yes/No ham To 1. The Special Subordinate Judge, Special Subordinate Court, Motor Accidents Claims Tribunal, Coimbatore. 2. The Section Officer, VR Section, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis C.M.A.No.1767 of 2026 N. ANAND VENKATESH , J. ham C.M.A.No.1767 of 2026 and C.M.P.No.14240 of 2026 02.07.2026 6/6 https://www.mhc.tn.gov.in/judis