D.V. Shylendra Kumar, J.

This appeal under Section 173 of the Motor Vehicle Act, 1988 (for short ‘the Act’) by the indemnifier insurer-New India Assurance Company Limited who is not very enthusiastic to reimburse the compensation payable by the owner of a lorry bearing No. MEW 4465 covered by the public carrier permit, contending that the Motor Accident Claims Tribunal, Bangalore, has committed an error in concluding that the appellant-insurer is liable to reimburse the owner and in fastening a joint liability to compensate the dependents of one Jayappa who without any dispute succumbed to some injuries he had sustained while attempting to board this goods carrier from behind.

2. The dependents-wife and two sons had filed a claim petition before the Tribunal under section 166 of the Act praying for awarding compensation being the loss of dependency due to the death of the breadwinner.

3. The second respondent-insurance company alone contested the claim petition, while the first respondent-owner of the vehicle did not respond to the issue of notice by the Tribunal and was placed ex parte.

4. The relevant paragraphs of the statement of objections filed by the insurance