Union Of India vs United India Insurance Co. Ltd. & Ors on 22 October, 1997
7. Learned Advocate for the claimants
relying upon the judgment of the Apex Court in the
case of Union of India Vs. United India Insurance
Co. Ltd., and others reported in 1998 ACJ 342
submits that the two pillion riders though were
travelling on the ill-fated motor cycle with the rider
of the motor cycle, they did not have control over
the motor cycle; since they are not at all at fault,
the finding relating to the contributory negligence
may not be applicable to the pillion riders,
inasmuch as, they have not contributed anything
to the accident in question. Said submission
cannot be accepted. In the matter on hand, the
rider of the two wheeler did not have driving
licence. Nothing is produced by the claimants to
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show that the rider of the two wheeler had got
driving licence. Nothing is also placed by the
claimants to show as to under what
circumstances, the two pillion riders boarded the
two wheeler.