JUDGMENT

This appeal arises from an award passed by the Motor Accidents Claims Tribunal, Irinjalakuda dismissing the Original Petition filed by the deceased first appellant.

2. Deceased first appellant filed Original Petition initially impleading three respondents and subsequently three more respondents were added in the party array. It was averred that on 7.12.1993 at about 4.30 p.m. deceased first appellant was travelling in a scooter as pillion rider. His friend Raju was riding the scooter. It was averred that when the scooter reached near the place of occurrence another motor cycle bearing registration No.KL-8/9381 came in a rash or negligent manner, hit against the scooter in which the deceased first appellant was travelling and caused injuries to him. It was averred that accident occurred due to negligence of the first respondent who was riding the motor cycle. Subsequently first appellant impleaded the owner, rider and insurer of the scooter in which he was travelling.

3. Respondents 1, 4 and 5 did not appear and contest. Though second respondent appeared he did not file any objection. Third respondent filed written statement contending that there was no negligence on the part