( 1 ) THIS is an appeal preferred by the Oriental Insurance Co Ltd , Mysore, against the award made by the Commissioner for Workmen's Compensation, Mysore District, Mysore, in W C A cr-2/86-87 dated July 13, 1987, awarding compensation of Rs 44,200. 80 on account of the death of the husband of the claimant and a penalty amounting to 50% of the aforesaid compensation together with interest at the rate of 6% per annum on the compensation awarded and costs of Rs 50.

( 2 ) LEARNED counsel for the insurance company submitted that the provisions of section 95 (1) (b) and section 95 (2) (a) of the Motor Vehicles Act, 1939 (hereinafter referred to as "the M V Act"), are applicable to the facts of the case and that there is no liability on the part of the insurance company to pay any compensation to the claimant in the facts and circumstances of the case. We have examined these provisions and we find that they are not attracted to the facts of this case because of the reason that the accident took place not when the vehicle was in motion but purely in the circumstance that the deceased was trying to remove timber from a stationary lorry and it was in the course of employme