Shylendra kumar, J.

In this appeal by the Insurance Company under Section 173(1) of the M.V. Act wherein, the Insurance Company has raised the question of correctness of the Tribunal fastening the liability on the appellant Insurance Company and also on the quantum of compensation as awarded by the Tribunal.

There is a delay of 29 day sin preferring the appeal. An application is filed under Section 5 of the Limitation Act seeking condonation of delay accompanied by an affidavit sworn to by an Officer of the Insurance Company.

Notice had been issued to the respondents, first and the second respondents being the claimants before the Tribunal, the third respondent is the owner of the vehicle causing the accident and the fourth respondent being the mother of the deceased who had been arrayed as respondents in this order in the claim petition.

In the wake of efforts to effect service on the third respondent – the owner of the vehicle being not fruitful, this Court in terms of the order dated 21.1.2010 had permitted the appellant for effecting service on the unserved third respondent through paper publication, taken out in Vijaya karntaka, Kannada daily news paper, Bangalore