Vineet Kothari, J.

The present two appeals arising out of same accident, which took place on 05.07.1994 at 03.30 PM when the appellant/claimant Rampal Singh (In CMA No.344/1998) driving his motorcycle number RSZ-9031, met with an accident with Truck coming from opposite side, namely, DL-1-G/8207 on Beawar-Sojat Road, near bridge over Raipur river. The deceased, Prabhulal was sitting on the motorcycle as pillion rider and he died on the spot at the age of 23 years in the said accident. Both the Rampal Singh and Prabhulal, were doing the work of laboruers (gEeky) at Krishi Puaj Mandi.

2. The learned Motor Accident Claims Tribunal, Sojat, District Pali, held that it is a case of contributory negligent driving of motorcycle by Rampal Singh and also found that he was not having valid driving licence on the date of accident and, therefore, while rejecting the claim petition filed by appellant-Rampal Singh for the injuries suffered by him, also found that the legal representatives of deceased Prabhu Lal, namely, his parents, Smt. Panchi Devi and Sh. Kishanlal, also would recover compensation determined by Tribunal to the extent of Rs. 2,59,920/- only from the owner of the motorcyc