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2009 Supreme(J&K) 502

BARIN GHOSH, SUNIL HALI
Tashi Rigzin – Appellant
Versus
Stanzin Jigmed – Respondent


Advocates Appeared:
Advocate For Appellant: P.N. Raina
Advocate For Respondent: C.S. Gupta
Advocate For Respondent: Seema Sheikher
Advocate For Respondent: Shahzad Azeem

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:

(a) Whether respondent no. 3 (the driver of the vehicle) was not holding a valid driving license to drive a passenger bus on the date of accident, if so, what is its effect? And

(b) Whether the vehicle on the date of accident was being plied in violation of terms of insurance policy and conditions of the route permit as the bus was overloaded?

3. These issues were dealt with by the Tribunal in the manner as follows:

"Issue No. 3:

To prove the issue, Incharge RTO Office Leh Mr. J






























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