( 1 ) THIS first appeal from order has been preferred against the order dated 30. 3. 1982 passed by the motor Accidents Claims Tribunal (V Additional District Judge), Lucknow, dismissing the claim petition preferred by the appellant holding that it was legally not maintainable.

( 2 ) THE facts giving rise to the claim petition are that one Mohan Singh Yadav, the deceased husband of appellant No. 1, was travelling by a motor cycle as pillion rider and was going from the Mall to Malihabad on 11. 3. 1979. At about 5. 30 p. m. , he met with an accident at Malihabad railway Crossing receiving injury by the railway collapsible gate as a result of which he died. The motor cycle bearing registration No. JKB 6426 was being driven by S. K. Srivastava. S. K. Srivastava disputed the claim on the ground that he was not responsible for the accident and also for the reason that as a pillion rider, the deceased had not taken the required protection by putting on protective head-gear. His case was that due to sudden fall of the crossbar at the time he was negotiating the railway line, the accident occurred and the injuries were sustained by the deceased as well as by S. K. Srivast