( 1 ) THIS appeal is presented by the United India Insurance Company against the award made by the District Judge and Motor Accidents Claims Tribunal, Mandya in the claim petition presented under Section 110a of the Motor Vehicles Act ('the Act' for short ). Cross-objections is filed by the Taluk Agricultural Producers Marketing Co-operative Society represented by its Secretary who was respondent-1 in the claim petition.

( 2 ) THE facts of the case in brief are as follow:

On 14th May, 1980 a lorry bearing registration No. MYN 3824 belonging to the Society was proceeding towards Bangalore on Mysore-Bangalore road. A car bearing registration No. MSW 19 driven by the petitioner-claimant was proceeding towards Mysore. The accident occurred when the vehicles crossed at K. Settihalli at about 4-30 P. M. The car collided with the hind portion of the lorry as a result of which there was a damage to the car and injury to the driver. The injured owner-driver of the car presented a claim petition claiming compensation of Rs. 2,82,000/ -.

( 3 ) THE two main issues for consideration before the Tribunal were:

(1) Whether the accident occurred solely on account of the negligence o