K.Kannan, J.

1. The twin appeals arise out of the same accident. The accident resulted in death of a passenger in a car that struck with the parked truck. The deceased was a businessman engaged in import and export and domiciled in USA. The claimants were wife, minor son and the parents. The contention in the petition was that the truck had been parked on the main road without adequate parking lights and the accident took place when the driver of the car was attempting to overtake yet another vehicle and finding that it was not possible on account of another vehicle coming from the opposite direction blinding the sight of the driver by its headlights, the driver attempted to draw the car towards left when he dashed against the parked truck. In the claim petition, the owner of both the vehicle as well as the respective insurers had been made as parties. The owner of the car had filed written statement contending that the truck was responsible for the accident but he denied his stand at the evidence when he said that it was his own driver, who was responsible for the accident. Learned counsel appearing for the insurer for the car namely the New India Assurance Company Ltd. wo