Judgment Mansoor Ahmad Mir, J. Challenge in this appeal is to the judgment and award dated 22.12.2007, made by the Motor Accident Claims Tribunal, (III), Kangra at Dharamshala in MACP RBT No. 108-K/II/2005/02, titled Waryam Singh versus Karnail Singh and others, for short “the Tribunal”, whereby compensation to the tune of Rs.3,18,000/- with 9.5% interest per annum was awarded in favour of the claimant, hereinafter referred to as “the impugned award”, for short. 2. Claimant, owner and driver have not questioned the impugned award on any ground, thus, it has attained finality so far it relates to them. 3. The insurer has questioned the impugned award on the ground of saddling it with the liability. 4. Thus, the only question to be determined in this appeal is whether the insurer came to be rightly saddled with the liability? 5. The answer is in affirmative for the following reasons. 6. The claimant has specifically averred in para 24 of the claim petition that he alongwith his father was traveling in the offending vehicle with their articles/goods. The owner has not denied para 24 of the claim petition. However, the insurer has pleaded that he was a gratuitous passenger. 7. Admittedly, the injured was traveling in the offending vehicle with his articles/goods, cannot be said to be a gratuitous passenger in any way. This issue has already been determined by this Court in FAO No. 435 of 2007 titled Oriental Insurance Company versus Smt. Prabha Devi and others, FAO No. 53 of 2007 titled Oriental Insurance Company versus Rattani Devi and FAO No. 52 of 2007 titled Oriental Insurance Company versus Krishna Devi and others. 8. In view of the above, the Tribunal has fallen in an error in holding that the claimant/injured was a gratuitous passenger. This finding needs to be set aside and is set aside. 9. Having said so, no interference is called for and the appeal merits to be dismissed. Accordingly, it is held that the insurer is liable to pay the amount of compensation. 9. The Registry is directed to release the amount in favour of the claimant strictly, in terms of the conditions contained in the impugned award, through payee’s cheque account. 10. Send down the record, forthwith, after placing a copy of this judgment.