1. Insurer’s appeal against the judgment questioning the direction of the Tribunal to indemnify the insured to pay compensation to the claimants.

2. Appeal and cross-objection are admitted and taken up for final disposal by consent.

3. From what learned counsel of both sides have adverted, the genesis of appeals is a motor vehicle accident on 26.06.2007 involving a motor cycle bearing No. KA 37/L1346 and a stationery lorry bearing No. KA 25/8235 in which the rider of the motor cycle Basanna suffered injuries and died. The pillion rider also died in the said accident. The legal heirs of victims lodged claim seeking compensation.

4. The insured owner of the vehicle did not dispute claim averments regarding act of negligence attributed to the driver of the lorry in question. The insurer of the vehicle, who is appellant herein, seriously opposed the claim firstly on the ground that accident has not occurred in the manner averred in the petition and secondly, even if it has occurred involving the lorry in question, it was totally due to act of negligence of the motor cycle rider. In this regard, they referred to the fact situation which reveal the lorry was parked on the road