Mansoor Ahmad Mir, J.

This appeal is directed against the award dated 30th April, 2009, made by the Motor Accident Claims Tribunal, Chamba Division, Chamba, H.P. (hereinafter referred to as “the Tribunal”) in M.A.C. Petition No. 41 of 2008, titled Sh. Kaku @ Karam Singh & others versus Sh. Chatro Ram & others, whereby compensation to the tune of Rs.3,57,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till its realization, was awarded in favour of the claimants-respondents No. 1 to 3 herein and the insurer came to be saddled with liability (for short, “the impugned award”).

2. The claimants, insured-owner and driver have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them.

3. Learned Counsel for the appellant-insurer argued that the Tribunal has wrongly decided issue No. 4. It is apt to reproduce issue No. 4 herein:

“Whether the deceased was traveling in the vehicle as gratuitous passenger, if so, its effect? …..OPR-3”

4. The claimants have specifically averred in the claim petition that the deceased was traveling in the offending vehicle, i.e. Canter bearing registration No. HP-48-4267, a