JUDGMENT:- The Insurance Company, against which the Motor Accidents Claims Tribunal, had passed an award for Rs. 44,800/- for the injury sustained by the second respondent herein, has filed the present appeal challenging its liability to pay the compensation.

2. Facts briefly are: - On 5-3-1980, the second respondent was knocked down by an auto-rickshaw TMZ 5785 belonging to the first respondent and insured with the appellant. The vehicle was driven in a rash and negligent manner. The second respondent sustained very serious injuries, which necessitated prolonged treatment and finally left him with permanent disablement. He filed O.P. No.233 of 1980 under S.110-A of the Motor Vehicles Act (hereinafter referred as to the Act) before the Motor Accidents Claims Tribunal (Court of Small Causes), Madras claiming a total compensation of Rupees 50,000/-.

3. The first respondent remained ex parte.

4. The appellant resisted the claim contending that the accident was not due to the rash and negligent driving of the auto-rickshaw, but was due to the negligence of the second respondent himself. The appellant also disputed its liability on the ground that there was breach of condition of