( 1 ) WE have heard the appellants' learned Counsel as also the respondents' learned Counsel in these group of appeals. At the very outset, it is necessary for us to indicate the righteous indignation of this Court with regard to the total and thoroughly illegal practice that is rampant on the roads in the State whereby throwing caution to the winds and with total disregard for the elementary concept of safety, any number of children are indiscriminately loaded on to two wheelers whether it is in front, in the arms or minor children of different ages as a result of which the provisions of Sec. 128 of the Motor Vehicles Act are breached and disregarded with total callousness. This Court has, times without number brought it to the notice of police and the Traffic Control Authorities that necessary steps be taken to enforce the provisions of Sec. 128 of the M. V. Act which reads as follows :"123. Safety measures for drivers and pillion riders- (1) No driver of a two-wheeled motor-cycle shall came 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 sub-section (1), the Central Government may, prescribe other safety measures for the drivers of two-wheeled motor-cycles and pillion riders thereon. "

( 2 ) WHAT we need to reiterate is that a motorcycle or a motor-scooter or a moped conventionally answering to the description of two wheelers is permitted under the law to carry only two individuals regardless of the age or size of those persons. Secondly, the law postulates that the person other than the driver can only be carried in a position behind the driver and we need to remind the police and the traffic control authorities for the last time that it is totally and completely impermissible to permit the second person travelling on that vehicle to be in any other position. It has become the order of the day to permit children of different ages, not only very small children but sometimes children who are of the higher age and size, that the driver of the vehicle places the child infront of the driver in a standing or sitting position so much so that at times even the vision of the driver is obstructed. In the case of vehicles such as scooters some of the major operational devices such as the brake pedal are placed in front of the rider and if the child accidentally steps on it or if the rider is required to operate it suddenly and is obstructed because of the presence of the child, consequences could be very serious. In any event, the law totally prohibits the carriage of children in any position in front of the rider and this is an aspect which will have to be enforced rigorously if there is any concept of consideration for the lives and safety of the children concerned. The entire legislative intent behind incorporating this provision in Sec. 128 of the Act is directed towards incorporating the safety angle because apart from the aspect of the vision, the stability of the vehicle and the possibility of serious injury to the child are something which the law desires to eliminate. This is the reason why Sec. 128 of the Act postulates that the second passenger even if it is a child can only travel in a position behind the rider and secondly, that the passenger, irrespective of again of the age is only permitted to travel sitting on a proper seat securely fixed to the motor cycle behind the driver's seat with appropriate safety measures. Again, what we need to clarify here is that it has become customary on the roads in Karnataka to indulge in high level acrobatics, which would perhaps be more appropriate in a circus, again totally disregarding the basic element of safety consciousness and even if the manufacturer has provided a seat for an additional passenger, more than one person is ofte