INDIRABAI AND BHEEMANAGOUDA, REPRESENTED BY NATURAL GUARDINA MOTHER Vs. NISARAHAMMAD AND THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) I .A. No. 1/2013 is filed to condone the delay of 294 days in preferring this appeal. Respondents though served the first respondent is absent and un -represented while the second respondent - Insurance Company is represented by learned counsel. Although the explanation offered is far from satisfactory, nevertheless to meet the ends of justice, the delay of 294 days in filing the appeal is condoned. I.A. No. 1/2013 is allowed. Though this appeal is listed for hearing on I.A. No. 1/2013, nevertheless with the consent of the learned counsel for the parties, is finally heard and disposed of by this order.

(2.) APPELLANTS are widow and a minor child of the deceased Bapugouda Shirshyad who is said to have succumbed to grievous injuries in an accident that occurred on 26.01.2011 at about 1.30 p.m., involving a tractor and trailer unit bearing certificate of registration No. KA -28/T -7866 -7867, near Devalar Bridge on Hadaginal to Devalar road. Deceased is said to be aged 35 years on the date of accident and death.

(3.) SECOND respondent - Insurance Company filed its written statement contending that the claim was false, frivolous and not maintainable, while admitting that the tractor trail unit belonged to the first respondent, insured under Rural Insurance Miscellaneous Farmers Package Policy, wherein the risk was covered in respect of the driver of the tractor alone and did not collect any additional premiums from the owner to cover the risk of other persons.