C.M.A.No.2122 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.07.2026 CORAM: THE HON'BLE MR. JUSTICE N. ANAND VENKATESH C.M.A.No.2122 of 2026 and C.M.P.No.16278 of 2026 National Insurance Company Ltd., No.3928, Post Box 16, State Bank Road, Opp. Collector Office, Gopalapuram, Coimbatore. ... Appellant Vs. 1. Minor Dhanavarshan (Rep. by his next friend, guardian/father M.Gopalan) 2. Syed Jaffer ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the order passed by the Motor Accidents Claims Tribunal, Special District Court No.I, Coimbatore, in MCOP No.589 of 2025, dated 27.02.2026. For Appellant : Mr.S.Senthilkumar JUDGMENT This civil miscellaneous appeal has been filed by the Insurance Company challenging the award passed by the learned Special District 1/6 https://www.mhc.tn.gov.in/judis C.M.A.No.2122 of 2026 Judge, Special District Court No.I dealing with MCOP Cases, Coimbatore, in MCOP No.589 of 2025 dated 27.02.2026. 2. The first respondent is the claimant before the Tribunal. The case of the claimant is that on 07.09.2024, at about 4.00 p.m., while he was walking with his grandmother on the Samathur to Pethanaickanur road, a car driven by the second respondent in a rash and negligent manner dashed against him. As a result, the claimant sustained multiple injuries all over the body. Consequently, a First Information Report came to be registered in Crime No.257 of 2024 against the second respondent, the driver of the offending vehicle. It is under these circumstances, the claim 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 due to the rash and negligent driving on the part of the driver of the offending vehicle. 4. Having rendered the above finding, the Tribunal granted a total compensation of Rs.1,22,192/- (rounded off to Rs.1,22,200/-), which 2/6 https://www.mhc.tn.gov.in/judis C.M.A.No.2122 of 2026 includes a lump sum award of Rs.75,000/- and medical expenses of Rs.47,192/-. The appellant/Insurance Company was directed to pay the said compensation amount with interest at the rate of 7.5% per annum. However, considering the fact that the second respondent, the driver of the offending vehicle, did not possess a valid driving license, the ‘pay and recover’ order was passed. 5. The appellant/Insurance Company has filed the present appeal mainly on the ground that the second respondent, the driver of the offending vehicle, did not possess a valid driving license and therefore, pay and recover ought not to have been ordered. 6. This Court carefully considered the submissions made by the learned counsel appearing for the appellant/Insurance Company and also the award passed by the Tribunal. 7. The ground taken by the learned counsel for the appellant/Insurance Company 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 C.M.A.(MD) No.517 of 3/6 https://www.mhc.tn.gov.in/judis C.M.A.No.2122 of 2026 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. 8. Insofar as the quantum of compensation is concerned, this Court finds that the Tribunal has fixed a fair and just compensation and it does not require the interference of this Court. 9. In the result, this Civil Miscellaneous Appeal is dismissed. The appellant/Insurance Company is directed to deposit the compensation along with accrued interest, less the amount already deposited, within a period of six (6) weeks from the date of receipt of a copy of this judgment and on such deposit, the claimant is entitled to withdraw the same on due application. The directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. No costs. Consequently, connected miscellaneous petition is closed. 10.07.2026 Neutral Citation: Yes/No ham 4/6 https://www.mhc.tn.gov.in/judis C.M.A.No.2122 of 2026 To 1. The Special District Judge, Special District Court No.I dealing with MCOP Cases, Coimbatore. 2. The Section Officer, VR Section, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis C.M.A.No.2122 of 2026 N. ANAND VENKATESH , J. ham C.M.A.No.2122 of 2026 and C.M.P.No.16278 of 2026 10.07.2026 6/6 https://www.mhc.tn.gov.in/judis