S.N. MISHRA, J.

1. The Oriental Fire Insurance Company through the Deputy Manager has filed this Miscellaneous Appeal challenging the judgment and award passed by the Additional Motor Accident Claims Tribunal, Muzaffarpur, whereby the Tribunal has awarded a compensation of Rs. 1,87,200/- against the appellant-insurer as compensation to the claimant-respondent no. 1, after deducting a sum of Rs. 50,000/- which was already paid along with interest at the rate of 12% per annum. According to the applicant, on 16.7.1988 her son Alok Kumar Gupta along with others was proceeding on a Rajdoot Motor Cycle bearing registration No. BHF 350 from Patna to Muzaffarpur when a Jeep bearing registration No. BPK 8615 dashed against the motor cycle because of the rash and negligent driving, as a result the motor cycle was badly damaged and the said Alok Kumar Gupta sustained severe head injury. The victim was first treated in the General Hospital at Muzaffarpur but in view of his serious condition he was treated by one Dr. Ramesh Chandra at Patna, where he died on 23.7.1988. According to the claimant the deceased was earning Rs. 15,000/- per month through self employing business as well as part time service with M/s. Bharat Pipe and Sanitary Works at Exhibition Road, Patna. After the death of the victim first information report was lodged which was registered as Kurhani P.S. Case No. 158 of 1988. The offending jeep was insured by the Oriental Insurance Company Ltd. According to the claimants, the total claim compensation was Rs. 4,76,187.20 which includes the cost of medical treatment and repairing of the damages of the motor cycle. The owner, respondent no. 2, of the jeep as well as the driver of the jeep appeared before the Tribunal and have filed written statement wherein apart from raising technical objection they have claimed that the deceased was unemployed at the time of occurrence, inasmuch as, the jeep, in question, was proceeding in a normal speed by keeping extreme left side. Meanwhile the deceased, who was without helmet dove the motor cycle rashly and on account of break failure the same came to the wrong side of the road and dashed the motor cycle against the jeep, as a result both the riders were thrown away and struck with the metalled portion of the road. It is alleged that the jeep, in question, was insured for the period 9.7.1988 to 8.7.1989 under the comprehensive scheme and, as such, the owner stood indemnified by the insurer against any payment in such accident. It was also alleged that the amount of compensation, as claimed by the claimant, was exorbitant and unreasonable. The appellant-Insurance Company had also filed their written statement denying the allegations made in the application and further alleged that the insurer was not given information of the accident. It was also alleged that the owner was driving the jeep in a normal speed. According to the insurer, the deceased himself is responsible as he was driving his motor cycle at a very high speed. It is alleged that the insurer is not liable for the claim amount of the applicant to the accident mentioned in the cover note of the insurance policy regarding jeep, in question. On the basis of the aforesaid pleadings, several issues were framed. The court on consideration of the evidence on record has held that the mode and manner of the accident as alleged by the claimant stands admitted. Further the negligence on the part of the driver of the jeep is fully established. However, the Tribunal came to the conclusion that the deceased had also contributed to his death and has further held that the deceased Alok Kumar Gupta died due to head injury. The Tribunal has further held that since the deceased was not wearing helmet he contributed to his death and to that extent he is also negligent. The court has also come to the conclusion that the jeep, in question, was insured and the policy was enforced on the date of accident covering third party risk and accordingl