Sureshwar Thakur, J.

The Insurer of the offending vehicle, has, instituted the instant appeal before this Court, wherethrough, it, casts, a, challenge, upon, the award pronounced by the learned Motor Accident Claims Tribunal, Chamba, H.P., upon, MAC No. 179/2011/2010-T, whereunder, compensation amount comprised, in, a sum of Rs.1,41,000/- alongwith interest accrued thereon, at the rate of 7.5% per annum, and, commencing from, the date of petition till realization thereof, stood, assessed, vis-a-vis, the claimant, and, the apposite indemnificatory liability thereof, was, fastened upon the insurer/appellant herein.

2. The learned counsel appearing for the appellant/insurer, has, contended with much vigour before this Court (i) that, with, at the relevant time, the, claimant hence traveling as, a, gratuitous passenger, in, the offending vehicle, whereas, the contract of insurance borne in Ex. Rx, prohibiting, the carrying, upon, the offending vehicle, and, in the afore capacity, rather the claimant, (ii) thereupon, with, hence, evident fundamental breach of contract of insurance, borne in Ex. Rx, rather erupting, (iii) thereupon, the fastening of the apt indemnificatory liabil