CMA.Nos.327 & 595 of 2026 __________ Page1 of 10 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Miscellaneous Appeal Nos.327 & 595 of 2026 & CMP.No.6768 of 2026 CMA.No.327 of 2026 : 1. Soundhari, W/o.Late Krishnamoorthy, Residing at No.11-153, Tharamaraja Koil Street, Kilpauk, Chennai 600 010. 2. Sangeetha D/o.Late Krishnamoorthy, Residing at No.11-153, Tharamaraja Koil Street, Kilpauk, Chennai 600 010. 3. Logeshwari Residing at No.11-153, Tharamaraja Koil Street, Kilpauk, Chennai 600 010. ...Appellants Vs 1. Sellapandian, S/o.Mahalingam, No.13, 4th Street, Ashatalakshmi Nagar, Velachery, Chennai-600 042. https://www.mhc.tn.gov.in/judis CMA.Nos.327 & 595 of 2026 __________ Page2 of 10 2. Shriram General Insurance Co.Ltd., No.5 Ramachandran Street, Saravanan Nagar, Seevaram, Perungudi, Chennai-600 096. ...Respondents CMA No.595 of 2026 : Shriram General Insurance Company Limited, No.5, Ramachandran Street, Saravanan Nagar, Seevaram, Perungudi, Chennai-600 096. ...Appellant Vs 1. Soundhari, W/o.Late Krishnamoorthy, Residing at No.11-153, Tharamaraja Kovil Street, Kilpauk, Chennai -600 010. 2. Sangeetha, D/o.Late Krishnamoorthy, Residing at No.11-153, Tharamaraja Kovil street, Kilpauk, Chennai -600 010. 3. Logeshwari, D/o.Late Krishnamoorthy, Residing at No.11-153, Tharamaraja Kovil street, Kilpauk, Chennai -600 010. 4. Sellapandian, S/o.Mahalingam, No.13, 4th Street, Ashtalakshmi Nagar, Velacherry, Chennai-600 042. ...Respondents https://www.mhc.tn.gov.in/judis CMA.Nos.327 & 595 of 2026 __________ Page3 of 10 APPEALS under Section 173 of the Motor Vehicles Act, 1988 against the award dated 13.8.2025 made in MCOP.No.3749 of 2023 on the file of Motor Accident Claims Tribunal/V Court of Small Causes, Chennai. For Appellant in CMA.No.327 of 2026 & R1 to R3 in CMA.No.595 of 2026 : Mrs.A.Subadra For R2 in CMA.No.327 of 2026 & Appellant in CMA.No.595 of 2026: Mr.S.Dhakshnamoorthy R1 in CMA.No.327 of 2026 & R4 in CMA.No.595 of 2026 was set ex parte before the Tribunal below & the notice sent to him in CMA.No.595 of 2026 was returned with the endorsement ‘no such person’. COMMON JUDGMENT These appeals have been filed by both the claimants as well as the Insurance Company against the award dated 13.8.2025 in MCOP.No.3749 of 2023 on the file of the Motor Accidents Claims https://www.mhc.tn.gov.in/judis CMA.Nos.327 & 595 of 2026 __________ Page4 of 10 Tribunal/V Court of Small Causes, Chennai (for short, the Tribunal below). 2. Heard the learned counsel appearing for both the claimants as well as the Insurance Company. 3. The first claimant is the wife; and claimants 2 and 3 are the daughters of one Mr.Krishnamoorthy (since deceased). 4. The case of the claimants is as follows: (i) On 14.6.2023, the said Mr.Krishnamoorthy was walking in New Avadi Road and at about 8.30 PM, when he was near the junction of Dhamodhara Moorthy Street, Kilpauk, the offending vehicle - a car, which was driven in a rash and negligent manner, dashed against him, as a result of which, he sustained fatal injuries and later succumbed to the injuries on 20.6.2023. It was under those circumstances, the claim petition came to be filed before the Tribunal below. The owner and the insurer of the vehicle were impleaded as party respondents before the Tribunal below. https://www.mhc.tn.gov.in/judis CMA.Nos.327 & 595 of 2026 __________ Page5 of 10 (ii) On considering the facts and circumstances of the case and on appreciation of the oral and documentary evidence, the Tribunal below 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. The Tribunal below further found that the driver of the offending vehicle did not possess a valid driving licence. Hence, the Tribunal below invoked the principle of pay and recovery and directed the Insurance Company to pay the total compensation to the claimants and recover the same from the owner of the vehicle. (iii) Having rendered the above finding, the Tribunal below fixed the total compensation at Rs.6,30,000/- under the following heads: S.No. Head Amount 1 Loss of dependency Rs.4,80,000/- 2 Loss of consortium Rs.1,20,000/- 3 Loss of estate Rs. 15,000/- 4 Funeral expenses Rs. 15,000/- 5 Medical bills ---- Total Rs.6,30,000/- (iv) The above total compensation fixed by the Tribunal below was directed to be paid by the Insurance Company with interest at https://www.mhc.tn.gov.in/judis CMA.Nos.327 & 595 of 2026 __________ Page6 of 10 the rate of 7.5% per annum from the date of petition till the date of payment with a further direction to the Insurance Company to recover the amount from the owner of the vehicle. Aggrieved by that, the claimants have filed CMA.No.327 of 2026 seeking for enhancement of compensation. Later, the Insurance Company has filed CMA.No.595 of 2026 on the ground that the principle of pay and recovery should not have been invoked since the accident had taken place post the amendment of the year 2022. 5. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record and more particularly the impugned award. 6. In so far as the ground raised by the Insurance Company questioning the finding of the Tribunal below with regard to pay and recovery is concerned, the issue is squarely covered by the judgment rendered by me while speaking for the Bench in the case of Branch Manager, ICICI Lombard General Insurance Company Ltd., Thanjavur Vs. Mariyapushpam [reported in https://www.mhc.tn.gov.in/judis CMA.Nos.327 & 595 of 2026 __________ Page7 of 10 2026 (3) MLJ 924]. Hence, the award passed by the Tribunal below in this regard does not warrant the interference of this Court. 7. In so far as the appeal filed by the claimants is concerned, it is seen that the deceased was aged about 74 years at the time of accident and that he had left behind his wife and two children. The wife was dependant on the income of the husband. The accident had taken place in the year 2023. The Tribunal below fixed the notional monthly income at Rs.12,000/-, which is on the lower side. Considering the fact that the accident occurred in the year 2023 and the wife, who was the dependant, was aged 64 years at the time of accident, this Court is inclined to fix the notional monthly income at Rs.15,000/- per month. Therefore, the loss of income would be arrived at Rs.15,000/- and after deducting 1/3rd towards personal expenses, the balance would be Rs.10,000/-. Accordingly, compensation under the head ‘loss of dependency’ is calculated as follows: “Rs.10,000/- X 12 X 5 = Rs.6,00,000/-.” https://www.mhc.tn.gov.in/judis CMA.Nos.327 & 595 of 2026 __________ Page8 of 10 8. This Court is also of the view that the compensation fixed under the other heads is just and fair and does not warrant the interference of this Court. 9. In the light of the above discussions, CMA.No.327 of 2026 is partly allowed and CMA.No.595 of 2026 is dismissed. The award dated 13.8.2025 made in MCOP.No.3749 of 2023 on the file of the Tribunal below is modified as follows: S.No Head Amount awarded by the Tribunal below Amount awarded by this Court in this appeal 1 Loss of dependency Rs.4,80,000/- Rs.6,00,000/- 2 Loss of consortium Rs.1,20,000/- Rs.1,20,000/- 3 Loss of estate Rs. 15,000/- Rs. 15,000/- 4 Funeral expenses Rs. 15,000/- Rs. 15,000/- 5 Medical bills ---- ---- Total Rs.6,30,000/- Rs.7,50,000/- While entertaining CMA.No.595 of 2026 filed by the Insurance Company, this Court granted a conditional order of interim stay on 18.3.2026 in CMP.No.6768 of 2026 subject to deposit of 75% of the award amount with proportionate interest. It is made clear that the said sum of Rs.7,50,000/- less the amount already deposited shall be deposited by the Insurance Company together with accrued https://www.mhc.tn.gov.in/judis CMA.Nos.327 & 595 of 2026 __________ Page9 of 10 interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit within a period of six weeks from the date of receipt of a copy of this judgment. It goes without saying that the finding of the Tribunal below with regard to pay and recovery is sustained. No costs. Consequently, the connected CMP is also dismissed. 09-07-2026 To The Motor Accident Claims Tribunal/ V Court of Small Causes, Chennai. RS https://www.mhc.tn.gov.in/judis CMA.Nos.327 & 595 of 2026 __________ Page10 of 10 N.ANAND VENKATESH,J RS CMA.Nos.327 & 595 of 2026 & CMP No.6768 of 2026 09-07-2026 https://www.mhc.tn.gov.in/judis