JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the award dated 1st March, 2008, passed by the Motor Accident Claims Tribunal, Fast Track Court, Shimla, H.P., (for short, “the Tribunal”) in M.A.C. No.150-S/2 of 2005/2004, titled Ramesh Kumar vs. Narain Chauhan & another, whereby a sum of Rs.95,000/-, with interest at the rate of 9% per annum, came to be awarded as compensation in favour of the claimant and the owner/appellant was saddled with the liability, (for short the “impugned award”) 2. The insurer and the claimant have not questioned the impugned award on any count. Thus, the same has attained finality so far it relates to them. 3. Only the insured-owner has questioned the impugned award on the grounds taken in the memo of appeal. 4. The learned counsel for the appellant has argued that the Tribunal has fallen in an error in saddling the owner with the liability. The argument is devoid of any force for the reason that the owner is caught by his own pleadings. The owner has specifically pleaded in the reply that the claimant was not traveling in the offending vehicle with apple boxes. Thus, the owner is precluded from taking the plea that the claimant was not traveling in the offending vehicle as gratuitous passenger and therefore, the insurer is liable. Having said so, this ground fails. 5. Learned counsel for the appellant further argued that the policy in question was comprehensive one and the risk of ‘2+1’ was covered i.e. owner and the driver and the person who was traveling alongwith his goods, but not of a gratuitous passenger. Once it is established on record that the claimant was traveling in the offending vehicle as gratuitous passenger, how the insurer can be saddled with liability. 6. Having said so, no interference is required. Hence the appeal is dismissed and the impugned award is upheld. The Registry is directed to release the award amount in favour of the claimant, strictly as per the terms and conditions contained in the impugned award, after proper identification. 7. Send down the record after placing a copy of the judgment on the Tribunal’s file.