ORDER

1. Delay condoned. Leave granted. One Revanayya died in an accident which took place on 11-9-1995. He, admittedly, was shown as the owner of the tractor which was the vehicle involved in the accident. Indisputably, the insurance policy was taken in the name of the deceased as also in the name of one Basavaraj. The insurance policy was an Act policy, meaning thereby the insured had a third-party liability only.

2. A claim petition was filed by the appellants herein claiming compensation for the death of the said Revanayya, on the premise that he was not the owner of the vehicle but was merely one of the labourers. The said plea of the appellant had been rejected by both the courts below.

3. Mr Raja Venkatappa Naik, learned counsel appearing on behalf of the appellants would contend that the learned Tribunal as also the High Court committed a serious error in passing the impugned judgment insofar as they failed to take into consideration the salient features of this case, namely, (i) the policy of insurance was in two names, (ii) the deed of partition in terms whereof the tractor in question fell in the share of the brother of the deceased, and (iii) oral evidence adduced on behal