1) This MACMA is preferred by the claimant aggrieved by the Award dated 14-10-2008 in MVOP No.130 of 208 passed by the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Chittoor (for short “the Tribunal”) whereunder the learned Chairman dismissed the petition of the claimant on the ground that claim petition which arise out of death of claimant’s father in a hit and run motor vehicle accident is not maintainable before the Tribunal.

2) The claimant before the Tribunal is the appellant herein and the General Insurance Company Limited represented by its Company by name the United India Insurance Company Limited, Chittoor who was the respondent before the Tribunal is the respondent herein.

3) The factual matrix of the case is thus:

a) The claimant is the only son of A.Viswanatha Chetty and Kuppamma of Puthalapattu village, Chittoor District. They were living by doing cooli work. While so, on 25-10-2005 at about 1.30 A.M., when the parents of the claimant were returning from hospital and passing near Sanjeevarayanipalli cross on Chittoor—Tirupathi road, at that time an unknown vehicle which was passing on that way being driven by its driver at high speed and in a