K.Kannan, J.

1. The claim arises out of death of a cleaner of a vehicle and the accident was said to have taken place on 4.9.1998 when cement bags had been loaded in a truck bearing registration No.HNG-3699 and when the driver had given instructions to cover the cement bags with taurpaulin and tie them with rope. At that time the insureds vehicle GJ-IV-4266 came in reverse direction without noticing the deceased doing his work and crushed him between two vehicles. The accident, as spoken to by PW-2 Ramesh Kumar, who has employed by the same owner where the deceased was working was that the accident had taken place outside the factory premises in a yard. In the cross examination, it was elicited as follows:-

"The yard where truck No.HNG-3699 was parked for covering the cement bags with Tarpolin was within the boundary walls of the factory. A number of trucks were parked in the yard. Truck belonging to one Banwar Singh driver was also parked at that place in the yard. I do not know the number of the truck on which Banwar Singh was employed as driver."

2. The Tribunal found the driver of the insured to be negligent and granted compensation. While assessing the amount, the Trib