ORDER 1. This is owner's appeal assailing the award dated 31.1.2009 passed by the Additional Motor Accident Claims Tribunal (FTC), Bemetara (in short "the Tribunal") in Claim Case No.21/2008 whereby in a death case compensation of Rs.1,02,500/- has been awarded in favour of the claimants. 2. Facts of the case in brief are that on 24.4.2008 when deceased Patrakhan was going on a motorcycle along with two pillion riders, the said vehicle was dashed by a Maxi Cab bearing registration No.CG 04/0398 resulting in death of Patrakhan. 3. A claim case was filed by the claimants, who are widow and major children of the deceased, for compensation of Rs.36.80 lacs. 4. Vide impugned award the Tribunal has awarded compensation of Rs.1,02,500/- in favour of the claimants. The Tribunal has also exonerated the insurance company by holding that there was breach of policy conditions. 5. It is this award which has been challenged by the appellant/owner in the present appeal on the ground that in view of Section 128 of the Motor Vehicles Act, rider of the motorcycle was also contributory negligent for causing the accident because he was riding the motorcycle with two pillion riders. 6. On the other hand, supporting the impugned award it has been argued by counsel for the respondents that no evidence has been adduced by the appellant in relation to the defence taken by him. 7. Heard learned counsel for the parties and perused the material on record. 8. Section 128 of the Motor Vehicles Act and Rule 123 of the Motor Vehicle Rules reads as under: Section 128. Safety measures for drivers and pillion riders-(1) No driver of a two wheeled motorcycle shall carry more than one person in addition to himself on the motorcycle and no such person shall be carried otherwise than seating on a proper seat securely fixed to the motorcycle behind the driver's seat with appropriate safety measures. (2) In addition to the safety measures mentioned in sub-section (1), the Central Government may, prescribe other safety measures for 'the drivers of two wheeled motorcycles and pillion riders thereon. Rule 123. (2) In addition to the safety measures mentioned in sub-section (1), the Central Government may, prescribe other safety measures for 'the drivers of two wheeled motorcycles and pillion riders thereon. Rule 123. Safety devices in motorcycle.-No motorcycle which has provision for pillion rider, shall be constructed without provision for a permanent hand grip on the side or behind the driver's seat and a foot rest and a protective device covering not less than half of the rear wheel so as to prevent the clothes of the person seating on the pillion from being entangled in the wheel. 9. A plain reading of Section 128 of the Motor Vehicle Act quoted above would show that Sub-section (1) casts a duty on the driver of a two wheeled motorcycle not to carry more than one person in addition to himself on the motorcycle. Similarly, Rule 123 of the Rules quoted above mentions the safety devices to be provided while manufacturing a motorcycle. These provisions obviously are safety measures for the driver and pillion rider and violation of Section 128 of the Motor Vehicle Act by itself may not lead to finding of contributory negligence as there is no evidence on record that the deceased contributed to the accident. Merely because two other persons were sitting with the deceased on the motorcycle, it will not raise a presumption of contributory negligence, therefore, the deceased cannot be held to be guilty of contributory negligence. As such, the finding of the Tribunal fastening liability upon the appellant/owner can not be faulted with. The appeal is without any substance and the same is, accordingly, dismissed. Appeal Dismissed.