GUPTA, J.—This appeal has been filed under Section 173 of the Motor Vehicles Act against the award dated 15.12.1998 passed in MAC No. 58/1997 by which award of Rs. 11,089/- has been made to the respondent.

2. The short facts of the case are that two separate claims were filed by the present respondent and Purushottam. The contention in the said claim petitions are that Bhagwan Das and Purushottam were coming from Gangapur City on 1.7.1996 at about 12.30 pm. Purushottam @ Pappu was driving the motor cycle and the present respondent the pillion rider. Near Village Karmoda, at about 12.00 p.m. A vehicle Gypsy No. DL-5C-2678, which was driven by Harphool Singh, met with the accident. The learned Tribunal has arrived at a conclusion that both the drivers were negligent and due to their negligence, accident occurred.

3. The contention of the present appellants is that Purushottam @ Pappu was not having any driving license and he was also negligent in driving the vehicle. The present respondent was a pillion rider and he was having full knowledge that Purushottam @ Pappu was unqualified driver having no driving license, even then he agreed to become pillion rider. Thus, he was also equally

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