JUDGMENT Mansoor Ahmad Mir, J. 1. Mr. R.R. Rahi, Advocate, stated at the Bar that claimant has died during the pendency of the appeal. His statement is taken on record. 2. These two appeals are directed against the judgment and award dated 19.9.2008, made by the Motor Accident Claims Tribunal, Kinnaur, Civil Division at Rampur, in MAC Case No. 34 of 2007, titled Mahender Singh versus Oriental Insurance Co. Ltd. and Others, for short “the Tribunal” whereby compensation to the tune of Rs. 3,80,000/- with 9% interest per annum was awarded in favour of the claimant, hereinafter referred to as “the impugned award.” 3. Dr. Lalit Sharma, Advocate argued that findings returned by the Tribunal on issue No. 4 are not correct, therefore, the insurer was not to be saddled with the liability. Thus, the only question to be determined in this appeal is whether the Tribunal has rightly returned the findings on issue No. 4? Issue No. 4 reads as under:- “4. Whether the petitioner was traveling as gratuitous passenger at the time of the accident and is not entitled to any compensation? OPR.” 4. It was for the insurer to prove that the clamant was traveling in the offending vehicle as a gratuitous passenger, has not led any evidence, thus, failed to discharge the onus. So, the findings returned on this issue are upheld. However, I have gone through the impugned award, claim petition and the evidence led. It is specifically averred in the claim petition that the claimant was employed by the owner and the driver which has been recorded by the Tribunal in paras 22 and 23 of the impugned award. 5. Having said so, no interference is called for. The impugned award is upheld and the appeal being FAO No. 682 of 2008 is dismissed. The legal representatives of the claimant are at liberty to lay a motion for the release of the money, as per law applicable. 6. In FAO No. 72 of 2009, the claimant has sought enhancement of compensation. I have gone through the impugned award. The amount awarded cannot be said to be inadequate in any way. Thus, no interference is called for. The appeal is dismissed. 7. Send down the record, forthwith, after placing a copy of this judgment.