JUDGMENT

1. These two appeals are filed by the Insurer of the offending Tanker bearing registration No.KA-25/6059 challenging the judgment and award dtd. 17/2/2016 passed by the Principal Senior Civil Judge and CJM and Addl. MACT, Dharwad(hereinafter referred to as 'the Tribunal', for brevity), in MVC Nos.696/2012 and 285/2012, on the ground of liability.

2. Though these appeals are listed for admission, with the consent of learned counsel appearing on both sides, the same are taken up for final disposal.

3. The parties to these appeals are referred to by their rankings assigned to them before the Tribunal for the sake of convenience.

4. The facts of the case as revealed from the records are;

On 9/11/2011 at about 10.30 am, the deceased Pruthivigouda was traveling as a pillion rider along with the claimant in MVC No.285/2012 in a motorcycle bearing registration No.KA-25/EE 5685 and when the said motorcycle reached near Belavantar village near Basavanadevargudi, the offending Tanker bearing registration No.KA-25/6059, which was driven in a rash and negligent manner came from Mundagod towards Kalaghatagi side and dashed against the motorcycle, as a result, the rider as well as the pil