ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though these appeals are listed for admission, with consent of learned counsel for the parties, the matters are taken up for final disposal.

2. These two appeals are filed by the claimants in MVC Nos.148 and 184 of 2009 challenging the judgment and award dated 18.10.2010 passed by the Senior Civil Judge and MACT, Gangavathi, seeking enhancement of compensation as well as modification of liability fastened on the Insurance Company.

3. The factum of accident, death of cow and cow calf and injuries sustained by the claimants are not in dispute. The dispute is with regard to liability to be fastened whether on the owner of offending vehicle or on the insurance company.

IN MFA NO.23100/2012

4. It is the case of the claimants that on

26.02.2009, one cow and one cow calf are died in the accident and therefore, the Tribunal has awarded total compensation of Rs.22,000/- in MVC No.184/2009. It is stated that the cow is a milk yielding cow having calf died in the accident. Therefore, the compensation awarded by the Tribunal for death of cow and cow calf is lesser. Therefore, the same is required to be enhanced by modifying the judgm