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2026 Supreme(Online)(Mad) 48562

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Anand Venkatesh, K.K.Ramakrishnan, JJ
Elavarasi – Appellant
Versus
Gopinathan – Respondent


Advocates:
For the Appellants/Petitioners: N.Sudhagar Nagaraj
For the Respondents: N.Shyllappakalyan

Table of Content
1. overview of the claimant's case and initial tribunal findings. (Para 1 , 2 , 3 , 4 , 5)
2. application of the 'pay and recover' principle due to invalid driving license. (Para 6 , 7 , 8 , 9 , 10)
3. final directions regarding insurance deposit and withdrawal. (Para 11)

PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1973, to set aside the order passed by the Motor Accident Claims Tribunal / Special District Judge-II, Trichirappalli in M.C.O.P.No.102 of 2023 dated 30.04.2024.

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 claimants challenging the award passed by the Motor Accident Claims Tribunal / Special District Judge -II, Tiruchirapalli in M.C.O.P.No. 102 of 2023 dated 30.04.2024.

2. The appellants are the claimants. The first appellant is the wife of the deceased, the second and third appellants are the children of the deceased and the fourth and fifth appellants are the parents of the deceased. The case of the appellants is that the deceased was a pedestrian standing on the road, at that point of time, the first respondent drove the two-wheeler in a rash and

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