CMA No. 2215 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH CMA No. 2215 of 2026 AND CMP NO. 16954 OF 2026 The Manager Shriram General Insurance Company Limited, No.94-B, 95-B, 96-B, 2nd Floor, Thiru.V.Ka.Road, Vilupuram. ..Appellant(s) Vs 1. Jayashankar S/o. Jesuadiyan, 2. Sathya W/o. Kalimuthu, ..Respondent(s) Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the order dated 11.03.2026 made in MCOP NO.98 of 2023 on the file of the Motor Accident Claims Tribunal, Special Sub Court No.II to deal with MCOP Cases, Viluppuram. For Appellant(s): Mrs.R.Sree Vidhya Judgment This appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, Special Sub Court No.II to deal with MCOP Cases, Viluppuram. https://www.mhc.tn.gov.in/judis CMA No. 2215 of 2026 __________ Page2 of 5 2. The case of the claimant is that on 28.09.2022, the claimant was riding a two wheeler on the Villupuram to Pondicherry road. At that point of time, the offending vehicle viz., Car was driven by the 1st respondent in a rash and negligent manner and dashed against the rear side of the two wheeler ridden by the claimant. As a result of which, the claimant was thrown out of the vehicle and sustained grievous injuries. An FIR came to be registered in Crime No.612 of 2022 against the driver of the offending vehicle. 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: Head Amount Loss of Income Rs. 30,000/- Transportation charges Rs.34,300/- Pain and sufferings Rs.25,000/- https://www.mhc.tn.gov.in/judis CMA No. 2215 of 2026 __________ Page3 of 5 Disability Rs.80,000/- Medical expenses Rs.1,79,944/- Extra Nourishment Rs.25,000/- Attender Charges Rs.30,000/- Damages to clothes Rs.1,000/- Total Rs.4,05,244/- The above compensation amount of Rs.4,05,244/- 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 driving license, 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 driving license and therefore, pay and recover ought not to have been ordered. 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 recover. The said ground is squarely covered by the judgment of this Court in a https://www.mhc.tn.gov.in/judis CMA No. 2215 of 2026 __________ Page4 of 5 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 recover. 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. In the result, this Civil Miscellaneous Appeal stands dismissed. The Insurance company is directed to deposit the entire compensation amount, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of six (6) weeks from the date of receipt of this judgment. The claimant is entitled to withdraw the compensation amount in the proportion as fixed by the Tribunal. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. No costs. Consequently connected Miscellaneous Petition is closed. 21-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To The Motor Accident Claims Tribunal, Special Sub Court No.II to deal with MCOP Cases, Viluppuram. https://www.mhc.tn.gov.in/judis CMA No. 2215 of 2026 __________ Page5 of 5 N.ANAND VENKATESH J. RKA CMA No. 2215 of 2026 AND CMP NO. 16954 OF 2026 21-07-2026 https://www.mhc.tn.gov.in/judis