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CDJ 2026 MHC 5957
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| Court : High Court of Judicature at Madras |
| Case No : Civil Miscellaneous Appeal No. 2411 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH |
| Parties : Lakshmanan Versus Sabari Vikram & Others |
| Appearing Advocates : For the Appellant: K. Selvakumar, Advocate. For the Respondents: R3, B. Sivakollapan, Advocate. |
| Date of Judgment : 03-08-2026 |
| Head Note :- |
Motor Vehicles Act, 1988 - Section 173 -
Cases Referred:
National Insurance Co. Ltd V. Swaran Singh and others reported in (2004) 3 SCC 297
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| Summary :- |
1. Statutes / Acts / Rules / Orders / Regulations, and Sections Mentioned:
- Section 173 of the Motor Vehicles Act, 1988
- Motor Vehicles Act, 1988
- National Insurance Co. Ltd V. Swaran Singh and others reported in (2004) 3 SCC 297
- C.M.A.No.2064 of 2026
- Motor Accident Claims Tribunal (Special Subordinate Court) Coimbatore
2. Catch Words:
- compensation
- insurance liability
- driving licence
- motor accident
- civil miscellaneous appeal
3. Summary:
The appellant filed a civil miscellaneous appeal under Section 173 of the Motor Vehicles Act against the award of the Motor Accident Claims Tribunal dated 05‑04‑2025. The Tribunal had held the driver negligent but exonerated the insurer because the driver lacked a valid licence, directing liability solely on the driver and vehicle owner. Relying on *National Insurance Co. Ltd v. Swaran Singh*, the Court held that where the driver lacks a licence, the insurer must still pay compensation, with recovery from the vehicle owner. The quantum of compensation was upheld as reasonable. The insurer was ordered to deposit the awarded amount with interest, and the claimant may withdraw it upon application. The appeal was disposed of accordingly, with no costs.
4. Conclusion:
Appeal Allowed |
| Judgment :- |
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(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree of the Motor Accident Claims Tribunal (Special Subordinate Court) Coimbatore, dated 05.04.2025 in MCOP No.1290 of 2023.)
1. This appeal has been filed by appellant/claimant against the award dated 05.04.2025, passed in M.C.O.P.No.1290 of 2023 on the file of Motor Accident Claims Tribunal, Special Subordinate Court, Coimbatore.
2. The appellant is the claimant. The case of the claimant is that on 03.06.2023, at about 01.15 p.m., while the claimant was riding a two wheeler at Pollachi-Coimbatore road, the offending vehicle, a two wheeler, belonging to the second respondent herein, came in a rash and negligent manner and dashed against the two wheeler of the claimant as a result of which the claimant suffered fracture of right temporal bone and pneumo cephalus. A First Information Report came to be registered in Crime No.129 of 2023 against the driver of the offending vehicle. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking compensation.
3. The third respondent filed a counter before the Tribunal stating that the accident had taken place only due to the negligence of the claimant and that as on the date of accident, the first respondent herein did not possess a valid driving license and therefore, the insurance company is not liable to pay the compensation.
4. The first respondent, who was the driver of the offending vehicle and the second respondent herein, who was the owner of the offending vehicle, did not contest the case and were set ex parte.
5. 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 came to a conclusion that there was no valid driving license for the driver of the offending vehicle and therefore, exonerated the third respondent insurance company from liability and had held that the respondents 1 and 2 alone are liable to pay the compensation. The Tribunal, thereafter, proceeded to determine the compensation amount in the following manner:
Sl. No.
| Compensation awarded under the head
| Amount (in Rs.)
| 1.
| Transport expenses
| 10,000/-
| 2.
| Nutrition
| 25,000/-
| 3.
| Attender charges
| 25,000/-
| 4.
| Damage to clothes and articles
| 5,000/-
| 5.
| Medical bills
| 54,889/-
| 6.
| Pain and sufferings
| 50,000/-
| 7.
| Loss of income due to the accident
| 30,000/-
| 8.
| Loss of amenities
| 25,000/-
| | Total
| 2,24,889/-
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The above compensation was directed to be paid along with interest at 7.5% p.a. Aggrieved by the same, the present appeal has been filed.
6. Heard learned counsel for appellant and learned counsel for third respondent. Since the respondents 1 and 2 remained ex parte before the Tribunal, notice to them is dispensed with. This Court also considered the materials available on record and carefully went through the award passed by the Tribunal.
7. The main ground that was taken by the learned counsel appearing for the appellant is to the effect that the Tribunal ought to have directed the third respondent insurance company to pay the compensation and ordered for pay and recover. However, the Tribunal had exonerated the third respondent insurance company from liability. The said ground is squarely covered by the judgment of the Apex Court in National Insurance Co. Ltd V. Swaran Singh and others reported in (2004) 3 SCC 297. Hence, this Court holds that if it was found that there was no valid driving license for the driver of the offending vehicle, the Tribunal ought to have directed the third respondent insurance company to pay the compensation and thereafter, recover the same from the owner of the offending vehicle.
8. Insofar as the quantum of compensation is concerned, this Court finds that the Tribunal has granted a just and reasonable compensation and it does not require the interference of this Court.
9. In the light of the above discussion, it is made clear that the third respondent insurance company will pay the compensation to the claimant and it can be recovered from the second respondent herein/owner of the offending vehicle. Accordingly, the appellant insurance company is directed to deposit the compensation of Rs.2,24,889/- awarded by the Tribunal, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of four (4) weeks from the date of receipt of this judgment. On such deposit, the claimant is entitled to withdraw the same on due application. The guidelines issued by the Division Bench of this Court in C.M.A.No.2064 of 2026, dated 08.07.2026 shall be strictly complied with respect to disbursement of compensation amount to the claimant.
Accordingly, this civil miscellaneous appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
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