( 1 ) ). These two first appeals are filed by the original opponent No. 2 (owner of the vehicle) and the concerned Insurance Company (insurer of the vehicle) against awards given by the Motor Accident Claims Tribunal at Ahmedabad awarding Rs. 35 728 with interest and costs to claimant Sudhaben in M. A. C. T. No. 1-A/144 of 1971 and also awarding a sum of Rs. 47 500 to claimant Sukethu in M. A. C. T. Application No. 1-A/145/71 with similar order for costs and interest.

( 2 ) MR. Bhatt in this connection submits that there is evidence on record showing that the scooter at the relevant time carried four persons though it is not permissible to carry more than two persons including the driver on a scooter as per rules under the Motor Vehicles Act and that therefore the Tribunal ought to have held that this breach on the part of the driver of the scooter amounted to negligence attributable to the accident itself. In Mr. Bhatts submission when a vehicle meant for carrying two persons carries four persons it is not only possible or plausible that the driver who carries them will be guilty of contributory negligence but in all probabilities he will be guilty of contributory ne