The Manager, Icici Lombard General Insurance Company Limited, Vs Rajamma

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CMA No.1939 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.07.2026

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CORAM

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THE HON'BLE MR JUSTICE N. ANAND VENKATESH

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Civil Miscellaneous Appeal No.1939 of 2026 and C.M.P.No.15187 of 2026

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The Manager, M/s.ICICI Lombard General Insurance Company Limited, Office at 1^st Floor, Shop No.18, Shree Vari AVS Towers, New Pet, MG Road, Krishnagiri District, Hosur – 635 109.

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..Appellant

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Vs

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Rajamma W/o.Sri Raman

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Chandrasekar S/o.Subramani

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..Respondents

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Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment dated 21.01.2025 in MCOP No.219 of 2023 passed by the Motor Accident Claims Tribunal, Special Subordinate Court, Krishnagiri.

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For Appellant : Mrs.R.Sree Vidhya

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Page1 of 6

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https://www.mhc.tn.gov.in/judis

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CMA No.1939 of 2026

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JUDGMENT

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This appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, Special Subordinate Court, Krishnagiri, in MCOP No.219 of 2023 dated 21.01.2025.

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The first respondent is the claimant. The case of the claimant is that on

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28.08.2022, at about 01.00 PM, while the claimant was a riding pillion in a two

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wheeler, a Mahindra Bolero Pick Up van, belonging to the second respondent, came in a rash and negligent manner and dashed against the two wheeler, as a

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result of which, the claimant sustained grievous injuries. An FIR came to be registered in Crime No.166 of 2022. It is under these circumstances, the claim petition came to be filed before the tribunal.

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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

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manner:

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_Sl.No. _	*Compensation awarded under the head*	*Amount(in Rs.)*
1.	Disability	2,80,000/-
2.	Pain and suffering	50,000/-

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__________ Page2 of 6

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https://www.mhc.tn.gov.in/judis

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CMA No.1939 of 2026

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_Sl.No. _	*Compensation awarded under the head*	*Amount(in Rs.)*
3.	Transportation expenses	19,900/-
4.	Additional nourishment	10,000/-
5.	Damages to clothes	1,700/-
6.	Loss of amenities & attender charges	75,000/-
7.	Loss of income	60,000/-
8.	Medical expenses	53,400/-
	Total	5,50,000/-

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The above compensation amount of Rs.5,50,000/- 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 second respondent did not possess a valid driving license, pay and recover was ordered.

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The Insurance Company has filed the present appeal mainly on the ground that the second respondent did not possess a valid driving license and therefore, pay and recover ought not to have been ordered.

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This Court carefully considered the submissions made by the learned counsel appearing for the appellant and also the award passed by the Tribunal.

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The ground taken by the learned counsel appearing for the appellant is

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to the effect that the Tribunal ought not to have ordered for pay and recover. It is seen that the accident had happened after the amendment and the policy was issued before the amendment. The said ground is squarely covered by the

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Page3 of 6

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https://www.mhc.tn.gov.in/judis

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CMA No.1939 of 2026

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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.

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Insofar as the quantum of compensation is concerned, this Court finds that the Tribunal has granted a just and reasonable compensation. However, the compensation is on the higher side on certain heads and hence, it is redetermined as follows:

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_Sl.No. _	*Compensation awarded under the head*	*Amount(in Rs.)*
1.	Disability	2,80,000/-
2.	Pain and suffering	70,000/-
3.	Transportation expenses	19,900/-
4.	Additional nourishment	20,000/-
5.	Damages to clothes	1,700/-
6.	Loss of amenities	25,000/-
7.	Attender charges	20,000/-
8.	Loss of income	60,000/-
9.	Medical expenses	53,400/-
	Total	5,50,000/-

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In the result, this Civil Miscellaneous Appeal is dismissed. The appellant

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insurance company is directed to deposit the compensation along with accrued

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interest, less the amount already deposited, within a period of six (6) weeks

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Page4 of 6

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https://www.mhc.tn.gov.in/judis

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CMA No.1939 of 2026

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from the date of receipt of a copy of this judgment and on such deposit, the claimant is 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.

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09.07.2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The Motor Accident Claims Tribunal, Special Subordinate Court, Krishnagiri.

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https://www.mhc.tn.gov.in/judis

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CMA No.1939 of 2026

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N.ANAND VENKATESH, J.