The appellants in these two appeals are the injured. The lower Tribunal after assessing quantum of compensation payable to each of the injured deducted 50% thereof towards contributory negligence. Questioning the said disallowance, the injured filed these two appeals independently.

2. In this case, both the injured herein were travelling as pillion riders on motor cycle while another person was riding the motor cycle. The motor cycle was being driven at a speed of 40 kmph at the time of accident, as per evidence of the injured. Maruti Car bearing No. AP 36 F 3434 came from back side of the motor cycle and hit the motor cycle from back side resulting in injuries to both the appellants. The lower Tribunal came to the conclusion that since the motor cycle is a two wheeler on which only two persons can ride and since three persons were riding at the time of accident, there was negligence on the part of motor cycle rider also. The respondents’ counsel contended before this Court that Section 128 of the Motor Vehicles Act, 1988 (in short, the Act) prohibits triple riding on a two wheeler. Section 128 (1) of the Act deals with safety measures for drivers and pillion riders on two