K. Narayana Kurup, J.

1. Insurance Company is the appellant. On 21.5.1990 the claimant in O. P. (MV) No. 271/90 (first respondent herein) out of which this MFA arises, sustained injury by a fertilizer bag falling upon her in the process of unloading it from a stationary lorry of which the second respondent herein is the driver cum owner. There was a controversy before the Tribunal on the point as to whether the accident took place when the vehicle was in motion or stationary. The Tribunal on appreciation of evidence found that the accident took place when the vehicle was stationary and even so, the appellant is liable to indemnify the second respondent owner cum driver because the accident arose out of the 'use' of a motor vehicle and in that view, passed an award directing the appellant to pay a sum of Rs. 15,250/ with 12% interest from the date of petition and proportionate cost. Being aggrieved by the aforesaid award, the insurance company has preferred this appeal. The quantum of compensation awarded is not under challenge. The challenge is confined only to the finding of the Tribunal that the accident arose out of the use of the motor vehicle. According to the appellant