JUDGMENT

Hemant Chandanagoudar, J. - The claimants being dissatisfied by the judgment and award dated 20.04.2011, passed in MVC No.140/2009, by the Presiding Of ficer, Fast Track Court, Sirsi, have f iled this appeal .

2. It is the case of the claimants before the Tribunal that on 05.11.2008, the petitioner was driving his Goods Tempo bearing No.KA-31 from Ranebennur to Sirsi via Akkialoor, in a moderate speed with care and caution, near Balehall i vi llage, after crossing Fourth cross towards Sirsi , a Tufan trax bearing No.KA-31/5549 came from opposite direction in a rash and negligent manner and dashed to the goods tempo of the petitioner. Due to the accident, the petitioner has sustained grievous injuries, the petitioner has suf fered permanent disabi lity. Hence, he claimed compensation of 5,00,000/- against the respondents jointly and severally.

3. In response to the notice, respondents No.1 and 2 appeared through their counsel before the Tribunal and f iled their written statement. Respondent No.1 contended that the accident was due to the negligent driving of the petitioner himself . His vehicle is duly insured with respondent No.2, in case the compensation is awarded, the l