( 1 ) THE appellants have preferred these appeals against the judgment of MAC Tribunal in MAC Petitions No. 76/88 and 420/90, dismissing the claim petitions.

( 2 ) AN interesting question about erection of a speed breaker, apart from negligence of moped driver, is raised by learned Advocates Mr. Shah and Mr. Nanavati, who are appearing for the appellant and respondent Jamnagar Municipal Corporation. We requested Mr. Kamal Mehta, learned Assistant Government Pleader to take instructions from the Regional Transport Officer and make his submissions.

( 3 ) FACTS, concisely stated, leading to the present appeals, are as under :-3. 1 on the night of 7. 10. 1987, which was a full moon night, Sureshchandra Popatlal Mehta (Opponent in MAC Petition No. 76/88 and one of the claimants in MAC Petition No. 420/90) was riding on a two wheeler, known as moped, along with his wife Kumudben and two minor children. They went to a garden and thereafter to a fare and about midnight, they were returning on the said moped, which was driven by Sureshchandra Mehta. According to his evidence, the said vehicle is a two-seated vehicle. His wife was sitting on the pillion seat and their children