K. L. MANJUNATH, J.

( 1 ) THIS appeal is by the Insurance Company challenging the judgment and award dated 1st January, 2003, passed by the Civil Judge (Senior Division), Gokak, in M. V. C. No. 786 of 1997.

( 2 ) THE respondents 3 and 4 in this appeal were the claimants before the Tribunal. They presented a claim petition on account of the death of their son Basavaraj who died in a road traffic accident. According to the claim petition, the deceased Basavaraj, was an employee of the 1st respondent-Annappa Laxman Karamoshi. The 1st respondent is the owner of the Tractor and Trailor bearing Nos. KA-23/t-1601 and KA-23/t-1602 and the same has been insured with the appellant-returning in the tractor and trailor, in question to their home. As it was a new moon day, while returning from the work, on their way to home they had been to temple to perform pooja. While returning from the temple, the tractor and trailor met with an accident. Basavaraj, an employee died in the accident and other coolies of the 1st respondent got injured. Therefore, the respondents 3 and 4 presented a claim petition claiming compensation on account of the death of their son Basavaraj.

( 3 ) THE appellant-Insuranc

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