RAMANUJAM, J. :- This appeal has been filed by the insurer as against the award passed by the Motor Accidents Claims Tribunal, Madras, in O. P. 284 of 1975. On 17-3-1975, one Basavanniah along with some of his friends, was making some purchases in the Evening Bazar. At that time, an auto-rickshaw bearing registration No.TMZ 6631, belonging to one Mrs. Chandra and insured with the second respondent, came at a high speed and knocked him down. He sustained head injuries and became unconscious. Immediately he was removed to the General Hospital. Later he succumbed to the injuries on 21-3-1975. On the ground that the driver of the auto-rickshaw was rash and negligent and the accident had occurred due to that rash and negligent driving, the widow and the children of the deceased, filed a claim petition before the Motor Accidents Claims Tribunal, Madras, claiming compensation of Rs. 40,000.

2. The claim was opposed by the owner of the auto-rickshaw, the first respondent and the insurance company, the second respondent with which the auto-rickshaw was insured. The stand taken by them was that the accident occurred solely due to the negligence of the deceased in that he suddenly cro