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2018 Supreme(Mad) 2121

C.SARAVANAN
Shanmugasundaram – Appellant
Versus
Subramanian – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.N.S.Sivakumar

JUDGMENT :

1. The present appeal is directed against the impugned fair and decretal order dated 6.08.2007 (referred to as impugned order) passed by the Motor Accident Claims Tribunal, Erode District (Referred to as the Tribunal) in M.C.O.P No.79 of 2005.

2. By an order dated 06.08.2007, the Tribunal dismissed the claim petition filed by the appellant herein.

3. This is an unfortunate case of hit and run case. The appellant was perhaps unable to lay a legitimate claim against the lorry owner its insurer as the lorry sped away after hitting the motor cycle on which the appellant was a pillion rider and got injured. Therefore, claim was made against the insurer of the motor cycle and the legal representatives of the deceased rider Magudeeswaran.

4. The motor cycle was owned and driven by the deceased Magudeeswaran on 5.11.2004 when the accident is said to have taken place at about 8.45 p.m.

5. While the deceased Magudeeswaran died on the spot of the accident, the appellant suffered grievous injuries to his body, resulting in hospitalization, surgery amputation of legs and medical expen






































































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