K.P. Jyothindranath, J.

This appeal is filed by the Oriental Insurance Company Ltd. aggrieved by the award dated 10.5.2012 in O.P.(MV).No.783 of 2003 on the files of the Motor Accidents Claims Tribunal, Ernakulam. The appellant was the fifth respondent before the Tribunal.

2. The facts, relevant for consideration of this appeal, are as follows:-

A motor vehicle accident occurred on 17.11.2002 at about 3.30 a.m. on Indira Gandhi Road in Wellington Island. The vehicles involved are a Maruthi Car bearing Reg.No.KL-07-M-8701 and a Tipper lorry bearing Reg.No.KL-23-9068. In the said accident, the driver of the car as well as the passenger therein sustained fatal injuries and succumbed to the same. The wife and children of deceased Govind G. Nair who was the passenger therein filed O.P. (MV).No.783 of 2003 before the Tribunal. The claimants arrayed the driver, owner and insurer of the lorry as well as the owner and insurer of the car as the respondents therein. The Tribunal passed an award for a total sum of Rs. 16,82,000/- and it was directed to deposit the amount by the fifth respondent, insurance company. Aggrieved by the said award, this appeal is filed by the fifth respondent