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2026 DAILYLAW 47343 (MAD)

The Branch Manager v. Kumar

CRP(MD)/1686/2026 · 2026-07-02

S Sounthar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P(MD)No.1686 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2026 CORAM THE HON'BLE MR. JUSTICE S.SOUNTHAR C.R.P.(MD)No.1686 of 2026 and C.M.P(MD)No.8147 of 2026 The Branch Manager, Iffco Tokio General Insurance Company Ltd., 2nd Floor, 28, North Usman Road, T Nagar, Chennai – 17. .. Petitioner Vs. 1.Kumar 2.Kumaresan .. Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the award passed in MCOP No.349 of 2024 on the file of the Motor Accident Claims Tribunal, Additional Chief Judicial Magistrate, Kumbakonam dated 03.12.2025. For Petitioner : Mrs.K.R.Shivashankari * * * * * 1/4 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1686 of 2026 ORDER The Civil Revision Petition has been filed challenging the award passed by the Motor Accident Claims Tribunal directing the petitioner/Insurance Company to pay the award amount to the victim and thereafter recover the same from the owner of the vehicle. 2. The first respondent herein filed a Motor Accident Claim Petition seeking compensation for the injuries suffered by him in a road accident. The second respondent is the owner of the offending vehicle and the petitioner is the insurer of the second respondent's vehicle. Since the driver of the second respondent's vehicle did not possess a valid driving licence, the Tribunal was pleased to order pay and recovery. Aggrieved by the same, the petitioner has come before this Court. 3.The only point argued by the learned counsel appearing for the petitioner was that, after the substitution of the old Section 149 of the Motor Vehicles Act with the new Section 150 with effect from 01.04.2022, the Motor Accident Claims Tribunals are not empowered to order pay and recovery. 2/4 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1686 of 2026 4.The point raised by the learned counsel for the petitioner is no longer res integra. I had occasion to consider this question in SBI General Insurance Company Limited vs. Muthulakshmi and others, reported in 2025 Supreme (Mad) 2571. The view expressed in the above said judgment was affirmed by the Division Bench of this Court in the case of the Branch Manager, ICICI Lombard General Insurance Company vs. Mariyapushpam and others reported in 2026:MHC:1791. The view expressed in Muthulakshmi's case (cited supra) having already been affirmed by the Division Bench, the same is binding on me. Therefore, the contention raised by the learned counsel for the petitioner is rejected. 5.Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 02.07.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No skn To 1.The Motor Accident Claims Tribunal, Additional Chief Judicial Magistrate, Kumbakonam. 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(MD)No.1686 of 2026 S.SOUNTHAR, J. skn C.R.P.(MD)No.1686 of 2026 and C.M.P(MD)No.8147 of 2026 02.07.2026 4/4 https://www.mhc.tn.gov.in/judis