NATIONAL INSURANCE CO LTD Vs. TSERING DORJEY

JUDGEMENT

(1.) These appeals have been filed against the common judgment and award dated 29.10.2003 passed by the Motor Accidents Claims Tribunal, Leh, Ladakh (hereinafter referred to as 'the Tribunal') in twenty claim petitions arising out of the same accident; wherein while allowing the claim petitions, compensation has been awarded to the claimants. The appeals have been consolidated and are being disposed of by this common order having involved common questions for adjudication.

(2.) On 26.6.2001 an accident took place at Khardanglo, Leh near Indian Gate. The vehicle involved in the accident was 42 seats passenger bus bearing No. JK 01-A 7387. Lob Zang Zangpo, respondent No. 4, was driving the said bus at the time of the accident. The owner of the bus is Tashi Rigzin, the respondent No. 3. The vehicle involved in the accident was insured with National Insurance Co. Ltd., the appellant. Claim petitions were filed on the ground that accident was caused due to rash and negligent driving of respondent No. 4. On perusal of the pleadings of the parties, the following issues were framed:

(3.) Issue Nos. 1 and 2 have been decided by the Tribunal in favour of the claimants. Issue No. 3 has been decided holding that the driver was not having the valid licence. Issue Nos. 4 and 5 have not been decided by the Tribunal on the ground that the liberty has been reserved to the appellants to file a separate case against the owner of the vehicle for recovery of the amount from them.