1. Learned advocate Mr.B.P.Munshi has not placed the three documents i.e. Exh.29, 30 and 31 in the paper-book, supplied by him. Even on 09.02.2012, learned advocate Mr.B.P.Munshi has taken time to produce on record the paper-book. Learned advocate Mr.Munshi has wasted the Court's time for more than half an hour. The cost of Rs.3,000/- (Rupees Three Thousand only) is imposed.
2. So far as the issue of negligence is concerned, the Tribunal has attributed equal negligence to opponent No.1-driver of the rickshaw and the appellant, after considering the fact that the accident has taken place in the middle of the HC-NIC Page 1 of 2 Created On Sat Oct 24 02:16:31 IST 2015 FA/2552/2001 2/2 ORDER road. It appears from the record that the appellant was travelling with his wife and a small kid on motor cycle, which is in violation of the provisions of Section 128 of the Motor Vehicles Act, 1988. Section 128 of the Act reads as under:-
"Safety measures for drivers and pillion riders. (1) No driver of a two wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motor cycle behind the driver's seat with appropriate safety measures.
(2) In addition to the safety measures mentioned in subsection (1), the Central Government may, prescribe other safety measures for the drivers of the twowheeled motor cycles and pillion riders thereon."
3. Hence, the Tribunal was completely justified in holding the drivers of both the vehicles equally negligent. Therefore, I am in complete agreement with the view taken by the Tribunal, regarding the aspect of negligence. Now, the matter is to be argued only on the quantum aspect.
S.O. to 24.04.2012.
[K.S.JHAVERI,J.] ..mitesh..
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