AVNEESH JHINGAN, J.

This appeal arises from the award dated 07.12.2012 passed by the Motor Accident Claims Tribunal, Narnaul (for short, 'the Tribunal').

2. Bare facts necessary for adjudication of the appeal are that on 23.10.2010 at about 5.00 PM, Yogender and Naresh were going on a motor cycle bearing registration No. HR-34D-1164 to village Kakrala. The motor cycle was being driven by Yogender. The motor cycle was owned by Harender. All of a sudden, four-five wild cows (Neel Gai) came on the road and struck against the motor cycle. As a result, Yogender fell on the road and sustained injuries. He was taken to CHC Kaniana, and then to Health Way Research and Diagnostics Hospital, Rewari, where he died. DDR No. 4 dated 30.10.2010 was registered at Police Station Kaniana.

3. Legal heirs of the deceased filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988 (for short, 'the Act'). In the claim petition, owner of the vehicle was arrayed as respondent No.1 and respondent No.2 was insurer of the vehicle.

4. The Tribunal while relying upon a decision of the Supreme Court in Ningamma and another Vs. United India Insurance Co. Ltd., 2009 (13) SCC 710, held that t