The Chairman Of vs Prasath
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Madras High Court

The Chairman Of vs Prasath on 24 January, 2025

Author: M.Dhandapani

Bench: M.Dhandapani

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 24.01.2025
                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                       Civil Miscellaneous Appeal No.3244 of 2024
                                              and CMP. No.27158 of 2024

                     The Chairman of
                     St. Josephs Polytechnic College,
                     Periya Panamutlu, T.V.Malai Road,
                     Anchoor Post,
                     Krishnagiri Taluk and District.                           ... Appellant

                                                             Vs.
                     1.Prasath

                     2. Chola MS General Insurance Co. Ltd.,
                     Rep. By its Branch Manager,
                     Dare House, 2nd Floor, NSC Bose Road,
                     Chennai-1.
                                                                               ... Respondents

                     Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles
                     Act, 1988, against the           judgement and decree in M.C.O.P.No.241 of
                     2018 dated 27.08.2021 on the file of the Motor Accident Claims Tribunal,
                     Special Subordinate Judge, Krishnagiri.
                                      For Appellant      : Mr.C.Jagadish
                                      For Respondents : Mr.Micheal Visuvasam R2

                                                           *****
                                                         JUDGMENT

https://www.mhc.tn.gov.in/judis The appellant has filed the present appeal against the award

passed by Motor Accident Claims Tribunal in M.C.O.P.No.241 of 2018

dated 27.08.2021 on the file of the Motor Accident Claims Tribunal,

Special Subordinate Judge, Krishnagiri.

2. The case of the claimant is that on 21.11.2017, when the

first respondent was riding his two wheeler near Om Shakthi Hospital,

Krishnagiri, at that time, a van was driven by its driver, which was owned

by the appellant and insured with the second respondent, in the opposite

direction in a rash and negligent manner and dashed front side of the

motor cycle of the first respondent, due to which, the accident had

happened and the claimant sustained injuries. It is under these

circumstances, the claim petition came to be filed before the Tribunal

seeking for payment of compensation.

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 only due to the rash and

https://www.mhc.tn.gov.in/judis negligent driving on the part of the driver of the van. The Tribunal

thereafter proceeded to fix the total compensation at Rs.2,97,900/- under

various heads and the Tribunal has awarded ''Pay and recovery''. On the

sole ground, the present appeal has been filed.

4. The learned counsel for the appellant submitted that the Tribunal

has passed the award directing the second respondent herein to pay

compensation amount and recover the same from the appellant based on

the misrepresentation made by the second respondent before the Tribunal.

Admittedly, there is no policy violation and the Tribunal, on its own,

fixed ''Pay and recovery'' . Hence, this Court may pass appropriate orders.

5. The learned counsel for the second respondent fairly submitted

that the second respondent has already deposited entire compensation

before the Tribunal. This Court may set aside the method ''Pay and

recovery'' alone.

6. Heard the learned counsel for appellant/claimant and the

learned counsel for 2nd respondent.

7. This Court has carefully considered the submissions made on

https://www.mhc.tn.gov.in/judis either side and the materials available on record.

8. This Court also carefully went through the award passed by

the Tribunal.

9. Considering the facts and circumstances of the case and also

the submissions made on either side, this Court sets aside ''pay and

recovery'' method alone. The other directions passed by the Tribunal is

hereby confirmed.

10. In the light of the above discussion, this Appeal is partly

allowed. The other directions issued by the Tribunal with regard to the

mode of payment of compensation remains unaltered. Insofar as the

quantum of compensation is concerned, the first respondent is entitled to

with the entire compensation amount along with interest and costs. No

costs. Consequently, connected miscellaneous petition is closed.

24.01.2025 rli

Speaking Judgment/Non-speaking Judgment

https://www.mhc.tn.gov.in/judis Index :Yes/No Neutral citation: Yes/No

To, Motor Accident Claims Tribunal, Special Subordinate Judge, Krishnagiri.

https://www.mhc.tn.gov.in/judis M.DHANDAPANI.,J rli

Civil Miscellaneous Appeal No.3244 of 2024

24.01.2025

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