JUDGMENT

N.V. Ramana, J. –

1. This appeal by special leave is directed against the impugned judgment and order dated 10th August, 2005 passed by the High Court of Karnataka in M.F.A. No. 3842 of 2003 whereby the High Court partly allowed the appeal preferred by the Respondent No. 1—National Insurance Company discharging it from the liability of payment of compensation to the claimants - Appellants.

2. The brief facts of the case leading to this appeal are that on 3rd April, 1997 at about 1.00 p.m., when Honniah @ Dodda Thimmaiah was returning from the field driving a tractor with the sand load on the trailor, the tractor overturned and Honnaih @ Dodda Thimmaiah died owing to the injuries sustained in the accident. Appellants herein are the claimants—legal representatives of the deceased Honniah @ Dodda Thimmaiah. The tractor involved in the accident had the registration number KA 18/717-718 and the tractor was originally registered in the name of one Gangadhara (Respondent No. 3) and the same was insured with the Respondent No. 1 while the deceased was employed as a driver with the Respondent No. 2-Jeeva Rathna Setty.

3. On 4th September, 1997, the legal representatives of the decease