Hon’ble Ram Krishna Gautam, J.—Heard Sri Vinay Kumar Khare, learned counsel for the appellant, Sri S.P.S. Parmar and Sri Sujit Kumar, learned counsel for the respondents.

2. This First Appeal From Order under Section 173 of Motor Vehicle Act, 1988 has been filed by Oriental Insurance Company Ltd. against Smt. Urmila Devi and others against award dated 28.5.2009 of Motor Accident Claim Tribunal/Additional District Judge, Court No. 6, Allahabad passed in Motor Accident Claim Petition No. 501 of 2018 (Smt. Urmila Devi and others v. Ratan Sen Singh and another), with this contention that tribunal failed to appreciate the facts and laws laid before it.

3. It was very clear from the site map that the accident taken place on triangle of the road on collusion between two vehicles, when the motorcycle driver had taken turn on this triangle came in the middle of the road and the deceased was pillion rider of above motorcycle. Hence, the tribunal ignored this fact of contributory negligence of the motorcycle driver, the sole responsibility of truck driver and its insurance company has been fixed whereas this was not the sole negligence and rashness of the driver of the truck concerned