Ramachandran Nair, J.

This appeal is filed by the Insurance Company aggrieved by the finding by the Tribunal that the Company is liable to pay compensation to the claimants herein.

2. Some of the necessary facts for the disposal of the appeal are the following :-

The claimants are the legal heirs of deceased Mammukkutty. The accident occurred on 29.07.2007 at about 8.30 p.m. at Alumthara bhagom on Alumthara-Kunnonni road. The vehicle involved in the accident was a mini lorry bearing Reg.No.KL-07/L 2689 which was moving to a place called Erattupetta. Then the driver lost the control of the vehicle and the vehicle got capsized. The deceased succumbed to the injuries caused to him, on 4.8.2007.

3. The owner of the goods was examined as PW1 and Exts.A1 to A6 were marked on the side of the claimants. Exts.B1 to B3 were marked on the side of the respondents.

4. Since the liability of the Company is disputed, we will refer to the salient aspects of the deposition of PW1, the owner of the goods. According to him, he is a timber merchant. He had taken the lorry on rent on the date of