Authority: High Court of Judicature at Madras
Order Date: 07-07-2026
Case Overview
- Appellant: United India Insurance Co. Ltd (Regional Office, Coimbatore).
- Respondents: 1) M. Ravikumar (claimant) and others; 2) S. Harikrishnan (driver).
- Accident occurred on 06-04-2023 at ~18:45 hrs when the second respondent, riding a two‑wheeler without a valid driving licence, collided with the claimant’s two‑wheeler, causing grievous injuries and hospitalisation. FIR registered as Crime No.200 of 2023.
- Claim petition filed before the Motor Accident Claims Tribunal, Special Subordinate Judge, MACT, Coimbatore (MCOP No.1236 of 2023).
- Tribunal found rash and negligent driving by the second respondent and awarded compensation of Rs 3,71,720, broken down as: Pain & suffering Rs 1,00,000; Medical expenses Rs 1,65,720; Loss of income Rs 36,000; Extra nourishment Rs 25,000; Loss of amenities Rs 25,000; Transportation expenses Rs 10,000; Attender charges Rs 5,000; Damages to clothing Rs 5,000.
- Interest at 7.5 % per annum from the date of the petition was ordered, together with a “pay‑and‑recover” direction because the driver lacked a valid licence.
Final Outcome
- The High Court dismissed the civil miscellaneous appeal, holding that the Tribunal correctly applied the pay‑and‑recover principle, citing National Insurance Co. Ltd v. Swaran Singh (2004) 3 SCC 297.
- The Court affirmed the quantum of compensation as just and reasonable.
- United India Insurance Co. Ltd is directed to deposit the total compensation amount, less any amount already paid, along with accrued interest, within six weeks of receiving the judgment copy.
- Upon deposit, the claimant may withdraw the amount on due application.
- The Tribunal’s directions regarding the mode of payment remain unchanged.
- No costs awarded; the connected miscellaneous petition is closed.
Topics: Motor Accident Compensation, Insurance Law, Pay‑and‑Recover Principle