1. This appeal has been preferred by the claimant against the impugned judgment and award passed by the IInd Addl. Civil Judge (Sr.Dn.) and Addl. MACT, Belgaum in MVC No. 3282/2007, dated 27th February 2009 by awarding compensation in a sum of Rs. 3,15,000/- with interest at the rate of 6% p.a., from the date of petition till realisation of entire amount, as this judgment has been challenged by the petitioner among other grounds urged therein.

2. Heard the learned counsel for the appellant and the learned counsel for the respondent No.2 - Insurance company and perused the records.

3. The rank of the parties shall be maintained as it is before the Tribunal for convenience.

4. The petitioner was working as driver in Lorry bearing No. KA-22/C-8072 belonging to the respondent No.1. On 11.06.2007, the said lorry was loaded with sand and it was going from Gokak towards Belgaum. Another lorry belonging to the respondent No.1 bearing No. KA-22/A-5489 driven by one Mansur Dastagirsab, which was also loaded with sand going from Gokak towards Belgaum. Both the aforesaid lorries r