R.K.GAUBA, J.

1. By judgment dated 04.03.2014, the appellant insurance company was directed to indemnify the person insured (the seventh respondent), registered owner of the car bearing No.DL 2CN 7388 (the offending vehicle) which was involved in an accident against car bearing No.DL 2CM 2148 (the car) in which Devi Prasad was travelling resulting in his death. On the petition brought by the dependants of Devi Prasad (first to fifth respondents herein) registered as petition No.17/2013, the tribunal held the driver of the offending vehicle to be responsible on account of negligent driving, thus, holding the registered owner (the seventh respondent) vicariously liable to pay compensation assessed in sum of Rs. 19,64,800/-.

2. The issue raised by the insurance company is that the driver of the car was also equally negligent in that he had let the car remain on road even while there was a flat tyre and efforts were being made to locate a tyre repair shop in the vicinity.

3. The issue raised before the Tribunal was considered and the contention of the insurance company rejected by the Tribunal through following observations in the impugned judgment :

“PW-1 has stated that on 15.1