PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1973, to set aside the order passed by the Motor Accident Claim Tribunal / Subordinate Court, Manapparai in MCOP.No. 151 of 2021 dated 26.09.2025 and allow this appeal.

J U D G M E N T

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

This appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal / Subordinate Court, Manapparai in M.C.O.P.No.151 of 2021 dated 26.09.2025.

2. The first respondent is the claimant in this case. The case of the claimant is that he was travelling as a pillion rider in a two-wheeler on 12.11.2020 and at about 12.30 hours, when the two-wheeler was proceeding from North to South at Thuvarankurichi Bye-pass road, the offending vehicle which was coming in the same direction, was driven in a rash and negligent manner and it hit the two-wheeler on the rear side, as a result of which, the rider and the pillion rider were thrown out of the two-wheeler. The claimant sustained the following injuries:

“1.Femur Shaft Fracture;

2.Tibia Plateau Fracture;

3.Open Grade III Distal Tibia and Fibula Fracture;

4.Post Traumatic Stiffness Right Hip, Knee, Ankle:

5.Pubic Diastasis.”

It is under these circumstances, the present petition came to be filed before the Tribunal.

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 negligent driving on the part of the driver of the offending vehicle.

4. Having rendered the above said finding, the Tribunal proceeded to fix the total compensation at Rs.39,00,387/- (Rupees Thirty Nine Lakhs Three Hundred and Eighty Seven only) under the following heads:

Sl. No.	Head	Amount
1.	Loss of Functional Disability (60%)	Rs. 23,40,000/-
2.	Pain and Sufferings	Rs. 1,00,000/-
3.	Extra Nourishment	Rs. 50,000/-
4.	Attender Charges	Rs. 20,000/-
5.	Medical Expenses	Rs. 13,35,387/-
6.	Transportation Expenses	Rs. 25,000/-
7.	Loss of Amenities	Rs. 30,000/-
	Total	Rs. 39,00,387/-

The above compensation was directed to be paid along with interest at the rate of 7.5% per annum.

5. The Tribunal, on considering the fact that the driver of the offending vehicle did not possess a valid driving license, ordered for pay and recovery. Aggrieved by the same, the present appeal has been filed before this Court by the Tribunal.

6. The learned counsel appearing for the appellant / Insurance Company submitted that the driver of the offending vehicle did not posses a valid driving license and therefore, there is a policy violation and that the Tribunal ought not to have ordered for pay and recovery. The learned counsel also questioned the quantum of compensation fixed by the Tribunal in this case. The learned counsel submitted that the Tribunal did not independently apply its mind in order to ascertain as to whether the claimant actually suffered from any functional disability. Therefore, it is contended that the Tribunal went wrong in applying the multiplier method and fixing the compensation under the head of functional disability.

7. Per contra, the learned counsel appearing for the first respondent submitted that the Tribunal has appreciated the evidence and found that the entire negligence is attributable to the driver of the offending vehicle. It is submitted that the driver of the offending vehicle not having a driving license cannot be put against the claimant and the Tribunal had rightly applied the pay and recovery principle. The learned counsel further submitted that the Tribunal has fixed just compensation in this case and it does not warrant the interference of this Court. Therefore, the learned counsel sought for the dismissal of this case.

8. We have considered the submissions made on either side and the materials available on record.

9. Thi

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