By the Court.—Heard learned Counsel for appellant and Sri Vineet Kumar Singh holding brief of Sri H.N. Singh appearing for respondents.

2. United India Insurance Company Limited - opposite party has filed this appeal under Section 173 of Motor Vehicles Act challenging judgment and award dated 18.9.2000 passed by Motor Accident Claims Tribunal, Gorakhpur, in Motor Accident Claim Petition No. 436 of 1997. Insurance - Company has challenged judgment and award only on one issue i.e. issue of contributory negligence. As far as other aspects are concerned, they have accepted the judgment and no defence, which can be raised under Section 147 of the Motor Vehicles Act, has been raised before us. Even the challenge of quantum has not been pressed before us.

3. In view of decision of Apex Court in the case of UPSRTC v. Km. Mamta and others, AIR 2016 SCC 948, the issue of contributory negligence alone has to be decided by this Court.

4. It is submitted by learned Counsel for Insurance Company that accident occurred due to sole negligence of scooterist. It is submitted that Tribunal did not rely on the site plan. It is submitted that the Tribunal ought to have considered the fact that