Mansoor Ahmad Mir, J.

Subject matter of this appeal is the award, dated 30th September, 2010, passed by the Motor Accident Claims Tribunal, Fast Track Court, Una, District Una, H.P. (for short, “the Tribunal”) in Claim Petition No.5 of 2006, titled Manmohan Singh vs. Sanjiv Kumar and another, whereby compensation to the tune of Rs.1,47,000/-, alongwith interest at the rate of 7% per annum from the date of filing of the claim petition till the payment is made, came to be awarded in favour of the claimant and the insurer was saddled with the liability, with right of recovery, (for short the “impugned award”).

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

3. Feeling aggrieved, the insured/owner has challenged the impugned award by the medium of instant appeal on the ground that the Tribunal has fallen into an error in granting right of recovery to the insurer.

4. Thus, the only question to be determined in this appeal is – Whether the insurer has rightly granted right of recovery in favour of the insurer. The answer is in the negative for the following reasons.

5. Admittedly