8. On perusal of the award passed by the Tribunal, it is
found that the deceased was riding a motorcycle on 04.03.2008.
At that time, a TATA ACE belonging to the first respondent
insured with the second respondent was driven in a rash and
negligent manner and dashed against the deceased due to which he
sustained grievous injuries and immediately he was taken to
Government Hospital at Harur. Thereafter, he was referred to
Salem Kumaramangalam Medical College Government Hospital for
better treatment. Unfortunately, the treatment failed and he
died on 10.03.2008. Till 10.03.2008, no complaint was lodged as
against the driver of TATA ACE. In fact after receiving the
accident register from the Harur Government Hospital, the
Inspector of Police, Adikarapatti Police Station, Dharmapuri
District did not register any case as against the first
respondent's driver. After the death of the deceased, only on
11.03.2008, the wife of the deceased lodged a complaint in
respect of the accident. Only, thereafter the Inspector of
Police, Adikarapatti Police Station, Dharmapuri District
registered a case in Cr.No.109 of 2008 for the offences under
Sections 304 (A) IPC against the deceased. Unfortunately, the
Inspector of Police did not even enquire the driver of the first
respondent's vehicle and also the deceased was charge-sheeted as
if he hit the bridge and fell down on the vehicle owned by the
first respondent which was parked on the road. Since the charge
sheet was laid as against the deceased person, entire charges
had abated. Therefore, the Tribunal rightly concluded that the
