NATIONAL INSURANCE CO LTD Vs. PHONTOSOG DELDAN

JUDGEMENT

(1.) By the medium of this appeal, appellant has assailed the award dated 31.10.2003 passed by the learned Presiding Officer, Motor Accidents Claims Tribunal, Leh in the claim petition titled as Phuntsog Deldan v. Rinchen Namgial, on the grounds taken in the memo of appeal.

(2.) In order to appreciate the grounds taken in the memo of appeal it is profitable to give the flashback of the claim petition, the womb of which has given birth to the present appeal.

(3.) The claimant-respondent No. 1 filed a claim petition before the Motor Accidents Claims Tribunal, Leh on 28.12.2002 with the averments that on 20.7.2002 near Stakna Power House, Leh, the petitioner while travelling in a bus as passenger sustained grievous injuries in a road accident which resulted in amputation of his right arm. The said accident was outcome of rash and negligent driving of respondent No. 3.