( 1 ) THIS appeal of the insurance company is directed against the judgment and award dated 3-10-1989 of mact ii, chitradurga, challenging its finding that appellant is also liable to pay compensation to respondent 1-claimant as awarded by it.

( 2 ) RESPONDENT 1's (claimant's) case that on 13-7-1984 at about

( 3 ) 30 a. m. when he was travelling in the said lorry bear ingregistration No. Mye 4628 belonging to respondent 3 herein ('r3' for short) transporting 5 bags of coconuts from hiriyur to chitradurga, the lorry met with accident due to negligent driving by its driver respondent 2 ('r2' for short) and in that accident he suffered bodily injuries, has been accepted by the tribunal in the light of claimant's evidence adduced before it. The fact that respondent 1 suffered bodily injuries in the said accident, which resulted due to negligent driving of the lorry by respondent 2 is not in dispute. It is also not in dispute that he was travelling in the said lorry at the time of accident. 3. The learned counsel for appellant contended that the appellant insurer, who was respondent 3 in the claim petition, could not have been held liable to pay compensation to claimant