CMA No.2080 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.07.2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Miscellaneous Appeal No.2080 of 2026 and C.M.P.No.16043 of 2026 The Branch Manager, Cholamandalam MS General Insurance Co. Ltd., 2nd Floor, “Dare House”, No.2, NSC Bose Road, Chennai – 1. ..Appellant Vs 1. Dineshkumar S/o.Sellamuthu 2. Ramkumar S/o.Sellamuthu 3. Suriyakumar S/o.Sellamuthu 4. S.Arun S/o.Natarajan ..Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the order dated 18.11.2025 in MCOP No.341 of 2023 passed by the Motor Accident Claims Tribunal, Principal District Judge, Perambalur. https://www.mhc.tn.gov.in/judis CMA No.2080 of 2026 __________ Page2 of 6 For Appellant : Mr.S.Srinivasan ***** JUDGMENT This appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, Principal District Judge, Perambalur, in MCOP No.341 of 2023 dated 18.11.2025. 2. The respondents 1 to 3, sons of the deceased are the claimants. The case of the claimants is that on 18.07.2023, at about 01.45 p.m., while the deceased was walking on the road, a two wheeler, belonging to the fourth respondent, came in a rash and negligent manner and dashed against the deceased, as a result of which, the deceased sustained grievous injuries and despite treatment, died. An FIR came to be registered in Crime No.343 of 2023. 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. Having rendered the above finding, the Tribunal proceeded to determine the compensation amount in the following https://www.mhc.tn.gov.in/judis CMA No.2080 of 2026 __________ Page3 of 6 manner: Sl. No. Compensation awarded under the head Amount (in Rs.) 1. Loss of income 19,50,000/- 2. Parental Consortium 1,20,000/- 3. Loss of estate 15,000/- 4. Funeral expenses 15,000/- Total 21,00,000/- The above compensation amount of Rs.21,00,000/- 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 fourth respondent did not possess a valid driving license, pay and recover was ordered. 4. The Insurance Company has filed the present appeal mainly on the ground that the fourth respondent did not possess a valid driving license and therefore, pay and recover ought not to have been ordered. 5. This Court carefully considered the submissions made by the learned counsel appearing for the appellant and also the award passed by the Tribunal. 6. The ground 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. It is seen that the accident had taken place after the amendment and the policy was https://www.mhc.tn.gov.in/judis CMA No.2080 of 2026 __________ Page4 of 6 issued before the amendment. The said ground is squarely covered by the judgment of the Apex Court in National Insurance Co. Ltd V. Swaran Singh and others reported in (2004) 3 SCC 297. 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 granted a just and reasonable compensation and it does not require the interference of this Court. 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 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. 09.07.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm https://www.mhc.tn.gov.in/judis CMA No.2080 of 2026 __________ Page5 of 6 To The Motor Accident Claims Tribunal, Principal District Judge, Perambalur. https://www.mhc.tn.gov.in/judis CMA No.2080 of 2026 __________ Page6 of 6 N.ANAND VENKATESH, J. gm Civil Miscellaneous Appeal No.2080 of 2026 09.07.2026 https://www.mhc.tn.gov.in/judis