SEETHARAMA NAIKA S/O KANDYA NAIKA AND SMT. GOWRAMMA W/O SEETHARAMA NAIKA Vs. M/S VIJAY STEEL TUBES NO. 14, I FLOOR, 4TH CROSS LALBAGH ROAD, BANGALORE 27 REPRESENTED BY ITS DIRECTOR AND THE RELIANCE GENERAL INSURANCE CO. LTD. BRANCH OFFICE : EAST

JUDGEMENT

(1.) THERE is a delay of 256 days in filing the appeal. Cause shown is accepted. Delay of 256 days in filing the appeal is condoned. Accordingly, Misc. Cvl. No. 1121/2011 is allowed.

(2.) THIS is claimants' appeal against the judgment and award dated 30.1.2010 in MVC No. 1467/2008 on the file of the MACT. Sira questioning the liability.

(3.) IN this appeal, claimants have filed application under Order 41 Rule 27 r/w Section 151 of CPC seeking permission to produce policy copy. Policy copy bears No. 140137233410005.4 and it pertains to Vijay Steel Tubes and it is valid from 1.11.2007 to 31.10.2008. The accident has occurred on 19.8.2008. As on the date of accident, policy was in force, as such, liability cannot be disputed. Accordingly, deceased being a third party, insurer is liable to indemnify the compensation.