The Divisional Manager Vs Mariammal, W/o. kaliamoorthy

PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1973, to set aside the order of the Tribunal of Motor Accident Claims Tribunal cum Special District Court, Thanjavur in M.C.O.P.No.390 of 2023 dated 16.04.2024.

¶23

For Appellant : Mr.C.Jawahar Ravindran For Respondents : Mr. N.Tamilmani for R1 to R4 No Appearance for R5 & R6

¶24

J U D G M E N T

¶25

(Judgment of the Court was delivered by N.ANAND VENKATESH, J.)

¶26

This appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal,

¶27

cum Special District Court, Thanjavur in M.C.O.P.No.390 of 2023 dated 16.04.2024.

¶28

The respondents are the claimants. The first and second

¶29

respondents are the parents of the deceased, the third and fourth

¶30

2/7

¶31

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

¶32

C.M.A(MD)No.468 of 2025

¶33

respondents are the siblings of the deceased. The case of the respondents is that on 04.12.2022, at about 7.30 p.m., the deceased was riding a twowheeler belonging to the pillion rider. At that point of time, the driver of the trailer truck belonging to the fifth respondent drove the vehicle in a rash and negligent manner and collided with the two-wheeler ridden by the deceased, as a result of which, the trailer truck ran over the deceased and he succumbed to the injuries. An FIR came to be registered in Crime No. 825 of 2022. It is under these circumstances, the claim petition came to be filed before the tribunal.

¶34

The Tribunal, on considering the facts and circumstances of

¶35

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 belonging to the fifth respondent.

¶36

Having rendered the above finding, the Tribunal proceeded

¶37

to determine the compensation amount in the following manner:

¶38

3/7

¶39

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

¶40

C.M.A(MD)No.468 of 2025

¶41

Head	Amount
Loss of Income	Rs.21,16,800/-
Filial Consortium to the 1^st to 4th respondents, parents and siblings of the deceased	Rs. 1,60,000/-
Funeral Expenses	Rs. 15,000/-
Loss of Estate	Rs. 18,000/-
Total	Rs.23,09,800/-

¶42

The above compensation amount of Rs.23,09,800/- was

¶43

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 driving license, pay and recover was ordered.

¶44

The Insurance Company has filed the present appeal mainly

¶45

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.

¶46

4/7

¶47

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

¶48

C.M.A(MD)No.468 of 2025

¶49

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

¶50

The ground that was taken by the learned counsel appearing

¶51

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 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.

¶52

Insofar as the quantum of compensation is concerned, this

¶53

Court finds that the Tribunal has fixed a fair and just compensation and it does not require the interference of this Court.

¶54

It is brought to the notice of this Court by the learned

¶55

counsel appearing for the Insurance Company that the entire award

¶56

5/7

¶57

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

¶58

C.M.A(MD)No.468 of 2025

¶59

amount has already been deposited before the Tribunal.

¶60

In the result, this Civil Miscellaneous Appeal stands

¶61

dismissed. The claimants will be entitled to withdraw the compensation amount in the proportion as fixed by the Tribunal. No costs. Consequently connected Miscellaneous Petition is closed.

¶62

NCC :Yes/No Index :Yes/No RR

¶63

To

¶64

1.The Motor Accident Claims Tribunal, cum Special District Court, Thanjavur.

¶65

2.The Record Keeper (Vernacular Records), Madurai Bench of Madras High Court, Madurai.

¶66

6/7

¶67

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