(1.) CHALLENGE in this appeal is to the award, dated 31.3.2008, passed by Motor Accident Claims Tribunal (III), Kangra, (for short, the Tribunal), in Claim Petition No. 48 -D/2003, titled Laxmi Devi and others versus Ram Charan Mehta and others, whereby compensation to the tune of Rs. 6,26,000/ -, with interest at the rate of 7.5% per annum from the date of filing of the Claim Petition till its realization, came to be awarded in favour of the claimants and the appellant -insurer was saddled with the liability, (for short, the impugned award).
(2.) THE appellant -insurer has questioned the impugned award on the ground that the owner/insured and the driver have committed breach of the insurance policy inasmuch as the deceased was traveling in the ill -fated vehicle as gratuitous passenger and not as representative of the owner of the goods, as has been held by the Tribunal.
(3.) RESPONDENTS resisted the claim set out in the Claim Petition by filing reply.