Point of Law: Principle of contributory negligence has been discussed time and again. A person who either contributes or author of the accident would be liable for his contribution to the accident having taken place.

JUDGMENT :

1. Heard Sri Shashi Prakash Rai, learned counsel for the appellants, Sri Bajarang Bahadur Singh, learned counsel for the owner-respondent no.1. None present on behalf of driver-respondent no.2 and insurance company-respondent no.3.

2. By way of this appeal the appellants have felt aggrieved by the order passed by Claims Tribunal, whereby the Claims tribunal dismissed the claim petition being M.A.C.P. No. 21 of 2015.

3. Brief facts of the case culled out from the record are that, on 23.11.2014 at about 6.30 p.m. when the deceased was plying his Hero Honda motorcycle bearing No. U.P. 63 L/0421 and was going from Pathkhura to his house at that time near Paramhans Ashram respondent no.2 drove Minibus bearing No. U.P. 65 R/9955 and rashly and negligently dashed with the motorcycle and the deceased came under the bus and his motorcycle was also damaged. The people around him called 108 ambulance and he was sent to Rajgarh Community Centre but as he was serious he was sent to Sadar Hospital, Mirzapur, there also he was not treated but he was sent to Popular Hospital, Varanasi where he was admitted but as his health did not improve he was moved to B.H.U. hospital, where during treatment on 25th November 2014 he breathed last and succumbed to the injuries. On his death, his family was under shock, they could not lodge the first information report in time. The first information report was lodged by his brother on filing of the claim petition the respondent Nos. 1 and 2 filed their reply, which was one of negation contending that the vehicle was not involved in the accident and that the vehicle was permitted to ply between Mirzapur to Ghazipur and his vehicle could not have been at the place where the accident took place. The police took the vehicle and filed the charge-sheet. Later on, the driver of the Minibus was charge-sheeted and he was released on bail, is an admitted position of fact which has been brushed aside by the Tribunal. The respondent no.3 insurance company on the contrary took a stand that it was the deceased who was negligent and he dashed with the bus. The Tribunal framed five issues. The first and the fifth issue has been held against the appellants. The written statement of the insurance company ought to have been looked into by the Tribunal before brushing aside the judgment and not relying on the authoritative pronouncements in Varinderjit Singh Vs. Tajinder Singh & others, 2008 (4) TAC 250 Punjab and Haryana, Devi Prasad Vs. Zahur Khan, 2001 (2) TAC 419 Madhya Pradesh, and Bhanwar Lal Verma Vs. Sharad Dholiya, 2007 ACJ 52.

4. The appellants have challenged the impugned award and decision on the following amongst grounds that the order passed by the Tribunal is illegal, arbitrary, without application of mind and cannot be sustained in the eyes of law.

5. It is submitted by learned counsel for the appellants that the court below has failed to consider, while passing the impugned order, that the insurance company of the vehicle/ respondent no.3 admitted that the accident took place by his vehicle but contended that accident occurred due to negligence of deceased. In support of his arguments, Sri S.D. Ojha, learned counsel for the appellants has relied on the following decisions in (i) Kusum Lata and others Vs. Satbir and others, 2011 (2) Supreme 207; (ii) Saroj and others Vs. Het Lal and others, (2011) 1 SCC 388; and (iii) Vimla Devi and others Vs. National Insurance Company Limited and others, 2019 (133) ALR 768; Sunita and others vs. Rajasthan State Road Transport Corporation and another AIR 2019 SC 994 so as to contend that the petition has been dismissed by assigning reasons which are not germane.

6. It is further submitted in reply that it was the driver of the motorcycle, who was driving the vehicle rashly and negligently. The facts prove that the vehicle Minibus was involved in the accident.

7. The cla