Mansoor Ahmad Mir, J.

Subject matter of this appeal is judgment and award, dated 30.08.2008, made by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala, (H.P.) (for short "the Tribunal") in MACT Petition No. 97K/ II/2005, titled as Savita Devi and others versus Shri Raj Kumar and others, whereby compensation to the tune of Rs. 4,03,200/with interest @ 9% per annum from the date of the impugned award till its realization was awarded in favour of the claimants and the insurer came to be saddled with liability (for short "the impugned award").

2. The claimants, the ownerinsured and the driver of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

3. Appellant insurer has questioned the impugned award on the ground that the risk of the deceased was not covered because he was a gratuitous passenger. Further argued that the driver of the offending vehicle had not driven the offending vehicle rashly and negligently and the claimants have not proved the said factum.

4. In order to determine this appeal, it is necessary to give flashback of the facts of the case, the womb of which has given birth