LAWS(J&K)-2009-11-2

TASHI RIGZIN Vs. STANZIN JIGMED

Decided On November 23, 2009
TASHI RIGZIN Appellant
V/S
STANZIN JIGMED Respondents

JUDGEMENT

(1.) A passenger bus met with an accident. The accident resulted in filing of several claims before the Motor Accidents Claims Tribunal, Leh, Ladakh. Those claims were considered together by the Tribunal. The owner, appellant before us, as well as the insurance company defended the claims before the Tribunal. The principal issues, i.e., whether the accident was due to rash and negligent driving and whether the claimants are entitled to compensation, were decided in favour of the claimants to which no issues were raised in the appeal preferred by the insurance company, or in the present Letters Patent Appeal.

(2.) ON the basis of the defence put forward by respondent insurance company, the following issues were raised:

(3.) IN the present appeal, the appellant owner is contending that the appellate court could not direct the Tribunal to recover the compensation amount from him.