1. The short question that arises for consideration in this group of appeals is where an insured has not preferred an appeal under S.173 of Motor Vehicles Act (hereinafter referred to as 'the Act') against an award given by the Motor Accidents Claims Tribunal, is it open to the insurer to prefer an appeal against the award questioning the quantum of the compensation where in the policy of insurance the right to contest such award on merits has been reserved.

2. Learned M.A.C.T., Kargil adjudicated upon nine claim petitions filed under S.166 of the Act arising out of the same accident occurring on 29.1.2001 at Sher Ali Thang in Kaksar area of District Kargil. The vehicle involved in the accident was a State Road Transport Corporation passenger bus bearing No. JK 01 - Y 0212 wherein some of the passengers had died. Learned Tribunal pass