ISHWAR DURGAPPA YELLAYYAGOL Vs. SRI.SHIVNANDA BHARMANNA NAIK

JUDGEMENT

(1.) The appeals in MFA No.21955/2009 and MFA No.21956/2009 are filed by the claimants before the Principal Civil Judge (Sr.Dn.) & Additional MACT, Gokak (hereinafter referred to as 'the Tribunal' for short) in MVC Nos.2186 and 2187 of 2007 seeking enhancement of the compensation awarded by the Tribunal, whereas, MFA No.22580/2010 and MFA No.22435/2010 are filed by the owner of the alleged offending vehicle seeking fastening of the liability upon respondent No.2-Insurance Company.

(2.) In the claimants' appeal, they have taken a contention that the compensation awarded by the Tribunal is on the lower side.

(3.) The owner of the offending vehicle in his memorandum of appeal, has taken a contention that, with respect to the very same accident, the very same Tribunal in a previously instituted petitions, i.e., in MVC No.975/2003 and other connected matters had fixed the liability upon the Insurance Company, as such, in subsequent cases, the said Insurance Company cannot be discharged from its liability.