Patnaik, C.J. -- 1. The relevant facts leading to this reference are that one Devisingh was a pillion rider on a motor cycle bearing registration No.MP-09-LF-1486 driven by Meharbansingh. The motor cycle met with an accident with a jeep bearing registration No.MP-09-W-2291 driven by Vikramsingh. As a consequence of the accident, the driver of the motor cycle as well as the two pillion riders on the motor cycle sustained injuries and they filed claim petitions under section 166 of the Motor Vehicles Act, 1988 (for short "the Act").

2. The Tribunal awarded a compensation ofRs.1 ,95, 100/- with interest at the rate of 6% per annum from the date of filing of the claim petition in favour of Devisingh after holding that the negligence on the part of the jeep driver was 80% and the negligence on the part of the motor cycle driver was 20%. Aggrieved by the award, the United India Insurance Co. Ltd. filed MA No.31412007 and Devisingh filed MA No.67012007. When the appeals were heard by the Division Bench, a contention was raised on behalf of the United India Insurance Co. that section 128 of the Act provides that no driver of a two wheeled motor cycle shall carry more than one person i