Dismissed¶33

The Branch Manager v. Chandrasekaran

Motor Vehicles Act, 1988 – S.173 – Civil Miscellaneous Appeal – Minor driving vehicle without valid licence

Madras HC3 Jul 2026CMA/2032/2026

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Case brief

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What is this about?

Madras High Court; CMA No.2032 of 2026; N. Anand Venkatesh, J.; Oriental Insurance Co. Ltd. v. Chandrasekaran; Section 173 Motor Vehicles Act 1988; MCOP No.83 of 2024 Tiruvarur; minor driving without valid licence; pay and recover; future medical expenses Rs.1,00,000/- without pleading; pleadings and evidence rules relaxed in motor accident claims; appeal dismissed 03-07-2026.

What did the court decide?

None to the appellant insurer; appeal dismissed. Appellant directed to deposit the compensation along with accrued interest, less the amount already deposited, within six weeks, on which the claimant may withdraw on due application; Tribunal's directions on mode of payment remain unaltered; no costs. ¶33

The Branch Manager Vs Chandrasekaran — Motor Accident Claims | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Tribunal rightly applied the 'pay and recover' principle where the vehicle was driven by a minor boy without a valid driving licence. +1 more

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Court's answer

The Tribunal's application of the pay and recover principle (insurer pays compensation and recovers it from the owner) in a case where a minor drove the vehicle without a valid licence is covered by this Court's earlier judgment in the batch of appeals in C.M.A. (MD) No.517 of 2025 etc. dated 01.06.2026; this Court finds no illegality in the Tribunal's order.

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Ratio / Principle

The issue of the vehicle being driven by a minor is squarely covered by the Division Bench judgment of this Court in C.M.A.(MD) No.731 of 2023 dated 19.06.2026 and requires no further deliberation.

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Key takeaways

In a motor accident claim, the rules of pleadings and the rules of evidence cannot be strictly applied; ultimately the Tribunal or the Court must only ensure that a just and fair compensation is fixed and paid to the claimant, the law on which is well settled.ratio¶32
The Tribunal's grant of Rs.1,00,000/- under the head future medical expenses, based on the hip fracture, surgery with plate/screw/clip fixation and the need for a further operation and continuous treatment, is fully justified and does not require the interference of this Court.ratio¶32

Detailed headnote1 paragraphs

Motor Vehicles Act, 1988 - S.173 - Civil Miscellaneous Appeal - Minor driving vehicle without valid licence - Tribunal applied 'pay and recover' principle directing insurer to pay compensation and recover from owner - upheld as covered by this Court's earlier judgment in C.M.A. (MD) No.517 of 2025 etc. dated 01.06.2026 and Division Bench judgment in C.M.A.(MD) No.731 of 2023 dated 19.06.2026 - Future medical expenses of Rs.1,00,000/- awarded though claim petition contained no pleading therefor - in motor accident claims rules of pleadings and evidence cannot be strictly applied; Tribunal/Court must ensure just and fair compensation - award fully justified - Appeal dismissed; insurer to deposit compensation with accrued interest, less amount already deposited, within six weeks; Tribunal's mode-of-payment directions unaltered; no costs.

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CMA No.2032 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03-07-2026

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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.2032 of 2026 and C.M.P.No.15722 of 2026

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The Branch Manager, The Oriental Insurance Co. Ltd., No.4, 2nd Floor, Bharadhidhasan Road, Cantonment, Tiruchirappalli 620 001.

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..Appellant

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Chandrasekaran S/o.Manickam

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Rajakumari W/o.Subramaniyan

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..Respondents

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Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the order and decreetal order passed in MCOP No.83 of 2024 dated 08.04.2025 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Tiruvarur.

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For Appellant : Mr.M.Krishnamoorthy *****

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JUDGMENT

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This appeal has been filed challenging the judgment in MCOP No.83 of

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2024 dated 08.04.2025 on the file of the Motor Accidents Claims Tribunal

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(Chief Judicial Magistrate), Tiruvarur.

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Heard learned counsel for appellant.

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Page1 of 4

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

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CMA No.2032 of 2026

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Learned counsel for appellant submitted that this is a case where a minor boy drove the vehicle without a valid license, however, the Tribunal went wrong in applying the principle of pay and recover and made the insurance company pay the compensation and to recover the same from the owner of the vehicle. Learned counsel further submitted that there is not even a pleading in the claim petition to justify the claim for future medical expenses, whereas the Tribunal has proceeded to grant compensation at Rs.1,00,000/- under the head future medical expenses, which requires the interference of this Court.

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Insofar as the first claim raised by learned counsel for appellant, it is covered by the earlier judgment of this Court in a batch of appeals in C.M.A. (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.

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Insofar as the issue regarding the vehicle being driven by a minor, the Division Bench of this Court dealt with this issue in detail and passed a judgment in C.M.A.(MD) No.731 of 2023 dated 19.06.2026. This judgment squarely covers the issue and no further deliberation is required.

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Insofar as the issue of future medical expenses is concerned, the

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Tribunal has taken into consideration the fact that the claimant had suffered a

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Page2 of 4

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

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CMA No.2032 of 2026

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hip fracture and he underwent a surgery and a plate was fixed with screw along with a clip and the same would require one more operation in future and continuous treatment. In view of the same, the Tribunal had fixed compensation of Rs.1,00,000/- under the head future medical expenses.

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In a motor accident claim, the rules of pleadings and the rules of evidence cannot be strictly applied. Ultimately, the Tribunal or the Court must only ensure that a just and fair compensation is fixed and paid to the claimant. The law on this issue is now too well settled. The reasoning given by the Tribunal for granting a sum of Rs.1,00,000/- under the head future medical expenses is fully justified and it does not require the interference of this Court.

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Accordingly, 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 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.

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03-07-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm

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__________ Page3 of 4

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

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CMA No.2032 of 2026

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N.ANAND VENKATESH, J.