2000 A I H C 3720

Jammu And Kashmir High Court

Hon'ble Judge(s): Bhawani Singh , C.J. AND R. C. Gendhi , J

(A) Motor Vehicles Act (59 of 1988) , S.173— Appeal - New plea - Plea of contributory negligence on part of claimant - Failure on part of Tribunal to appreciate the evidence with respect to - Even in absence of specific defence and issue framed thereon in Tribunal - Plea can be raised at appellate stage. (Para 9) (B) Motor Vehicles Act (59 of 1988) , S.173— Appeal - Concurrent finding - Interference - Negligent driving - Concurrent finding as to based on appreciation of facts by lower Courts - Cannot be interfered. (Para 9)