SIVARAMAN Vs. SRI KALYANASUNDARAM

JUDGEMENT

(1.) The claimant is the appellant herein. He has come forward with the present appeal challenging the award dated 10.08.2011 passed by the learned Motor Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore in M.C.O.P.No. 2782 of 2006, dismissing the claim petition filed by him.

(2.) It is the case of the appellant before the Tribunal that on 20.03.2005, he was hit by an unknown vehicle and immediately, he became unconscious. Subsequently, the Inspector of Police, Kullanchavadi informed about the accident to one Sivasankar, who is the cousin of the appellant herein. The said Sivasankar came to the spot and enquired the owner of the weigh bridge, where the accident took place and found the vehicle number involved in the accident and informed the same to the police. However, the police did not take any action and they referred the case as Mistake of Fact. Thereafter, the said Sivasankar filed a petition under Section 173(8)Cr.P.C before the learned Judicial Magistrate No.III, Cuddalore, who, in turn, directed the Deputy Superintendent of Police, Neyveli to conduct further enquiry. According to the appellant herein, the accident had occurred due to the rash and negligent driving of the driver of a Tata Sumo Car bearing Regn.No.TN51-U-9717 belonging to the first respondent herein and insured with the second respondent herein. Hence, the appellant has made a claim of Rs. 16,00,000/- as compensation, against the owner as well as the insurer of the vehicle.

(3.) The first respondent, who is the owner of the vehicle, remained ex-parte before the Tribunal.