ORAL ORDER

1. The judgment dated 08.08.2018 passed by learned Motor Accident Claims Tribunal (Aux.) Jamnagar in MACP No.219 of 2013 is challenged only on the limited ground of error committed by the Tribunal of not considering the case of the appellant as a pillion rider as of composite negligence, where the appellant pillion rider would be entitled to recover the amount from any of the tort feasors.

2. Learned advocate Mr. Nishit A. Bhalodi submitted that the facts of the case was as noted by the Tribunal itself suggests that the another vehicle which was involved is an unknown Chakda rickshaw while the accident had occurred with the motorcycle No.GJ-10-BK-2286 whereupon the appellant was traveling as a pillion rider.

Learned advocate Mr. Bhalodi submitted that the total compensation amount awarded is Rs.2,39,880/- and the appellant does not challenge the same at present but would require a modification in the award as per the judgment of Khenyei Vs. New India Assurance Co. Ltd. & Ors., reported in (2015) 9 SCC 273 and thus submitted that the appellant be allowed to recover the total amount from the Insurance Company of the motorcycle.

3. On consideration of the facts on case, where