- (1.) These Civil Misc. Appeals under Section 173 of Motor Vehicles Act, 1988 have been preferred by the appellants claiming the following reliefs: "1. That the appeal may kindly be allowed and the deduction of the award @ 50% may kindly be set aside. The award may kindly be enhanced suitably. 2. That the interest may kindly be awarded at the rate of 12% from the filing of the claim petition. 3. That any other or further reliefs which may be deemed to be just and proper in the facts and circumstances of the case may kindly be allowed." "1. That the appeal may kindly be allowed and the deduction of the award @ 50% may kindly be set aside. The award may kindly be enhanced suitably. 2. That the interest may kindly be awarded at the rate of 12% from the filing of the claim petition. 3. That any other or further reliefs which may be deemed to be just and proper in the facts and circumstances of the case may kindly be allowed."
(2.) The unfortunate accident had happened on 08.04.2001 at about 3:30 PM when the deceased sons of the appellants Raju @ Rajendra Kumar and Sanjay were going on the motorcycle bearing registration No. RJ09 1M 7718. At that time, a Bus bearing registration No.RSH 1868 coming from Pratapgarh collided with the motorcycle, on account of that accident, injuries were caused to both Raju @ Rajendra Kumar and Sanjay, resulting into their death.
(3.) Learned counsel for the appellants raises two issues, firstly, as to whether the rider of the motorcycle not having license can result into the learned Tribunal holding that he is having contributory negligence in the accident in question.;