Mansoor Ahmad Mir, J.

This appeal is directed against the award, dated 23rd April, 2010, passed by the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr camp at Reckong Peo, H.P. (for short, “the Tribunal”) in Claim Petition No.28 of 2007, titled Mohan Lal vs. Bal Raj and another, whereby compensation to the tune of Rs.9,18,000/-, alongwith interest at the rate of 7.5% per annum from the date of filing of the claim petition till realisation, came to be awarded in favour of the claimant-injured and the insurer was saddled with the liability, (for short the “impugned award”).

2. The claimant-injured and the insured have not questioned the impugned award on any count, thus, the same has attained finality so far as it relates to them.

3. Feeling aggrieved, the insurer has challenged the impugned award by the medium of instant appeal. The learned counsel for the appellant/insurer argued that the claimant-injured was traveling in the offending vehicle as gratuitous passenger inasmuch as he had not hired the offending vehicle on the fateful day. On this score, the learned counsel for the insurer contended that the owner had committed willful breach and, therefore, the insur