M.L. Joseph Francis, J.

This appeal is filed by the respondent No. 3 in O.P. (MV) No. 691 of 2002 on the file of M.A.C.T., Kasargod. Respondent Nos. 1 to 4 herein are the petitioner Nos. 1 to 4. Respondent Nos. 5 and 6 herein are the respondent Nos. 1 and 2 in that O.P., which was filed u/s 163-A of the Motor Vehicles Act. Respondent Nos. 7 and 8 herein are the supplementary respondent Nos. 4 and 5 in that O.P.

2. The allegation is that on 23.3.2001 while deceased Shihab and others were travelling in an auto rickshaw bearing No. KL 14-A 3698 from Kunhikanam to Ichi-langod driven by respondent No. 1 and when the said auto rickshaw reached near Chandragiri Guest House, Mogral Puthur at about 3.15 p.m., a motor cycle bearing No. KL 13-A 3703 came at a high speed and after overtaking a lorry hit against the auto rickshaw, as a result of which the auto rickshaw overturned and thereby Shihab and others sustained serious injuries. Subsequently, Shihab died due to the injuries sustained in the accident. The accident was due to negligence of both the drivers of the vehicles. Respondent No. 1 was the driver, respondent No. 2 was the owner and respondent No. 3 was the insurer of the a