J U D G M E N T

Abdul Rehim, J:

The 3rd respondent - insurance company before the Motor Accidents Claims Tribunal-I, Kasaragod in OP (MV) No.222/2015 is the appellant herein, challenging the award to the extent of the finding of negligence rendered by the Tribunal. The accident in question occurred on 12-03-2014. The deceased in this case, named Shaik Mohammed Iqbal, who was travelling in an autorickshaw bearing Registration No.KL14 D 9526 died due to the injuries sustain in the accident. According to the claimants, the deceased was travelling in the above said autorickshaw and at the spot of the accident a 'Swift Car' which came in a rash and negligent manner from behind hit on the rear side of the autorickshaw; and by that time, a pick-up van (Mahindra) bearing Registration No.KL14 D 5813 driven by the 1st MACA No.833/2017 -2-

respondent in a rash and negligent manner came and hit against the autorickshaw from the front. Due to the impact, the deceased was thrown to the road and he sustained severe injuries. He succumbed to the injuries sustained on his way to the hospital, was the claim.

2. Contention of the appellant insurance company is that the accident in question occurred solel