S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) THIS appeal is directed against the judgment and order dated 15/6/2005 passed by a learned Single Judge of the High Court of Karnataka in M. F. A No. 5751 of 2002, whereby and whereunder an appeal preferred by the respondent herein from the judgment and order dated 12/6/2002 passed by the Motor Accidents Claims Tribunal in M. C. A. No. 113 of 2001 was allowed.

( 3 ) SHANTAMMA, daughter of the appellant herein was sleeping in her hut. A tempo bearing No. KA 37 - 2257 which was being rashly and negligently driven by Respondent No. 2 herein ran over her. She died on the spot. Household articles of the appellant also were damaged in the said accident.

( 4 ) AN application for grant of compensation was filed by the appellants herein under Section 166 of the Motor Vehicles Act, 1988 (for short "the act") in the Court of C. J. (SD) and Motor Accidents Claims Tribunal at gangavati in the district of Koppal on 12/6/2006.

( 5 ) THE said vehicle was insured with the National Insurance Company. A plea was taken therein by the Insurance Company that although the vehicle in question was insured by the owner for the period 17/10/1997 and 16/10/1998,