J U D G M E N T

This appeal is filed by the 5th respondent insurer in O.P.(MV) No.969 of 2012 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, challenging the finding of 50% composite negligence on the part of the appellant insurance company. The respondents herein were the claimants and first and second respondents before the tribunal.

2. Brief facts of the case are as follows: On 04.09.2012, at about 01.15 p.m., while the deceased was riding a motorcycle bearing registration No.KL-45-A-5548 from west to east direction through Tana-Bus stand, a Santro car bearing registration No.KL-08-AQ 2575 driven by the fourth respondent in a rash and negligent manner suddenly stopped and opened the driver side door and as a result, the deceased to avoid accident turned the motorcycle to the right side, and subsequently an innova car bearing reg. no. KL-45/F3553 driven by the first respondent in a rash and negligent manner hit down the deceased due to which the deceased sustained serious i