Judgment Mansoor Ahmad Mir, J. Challenge in this appeal is to the judgment and award, dated 28.11.2007, made by the Motor Accident Claims Tribunal, Mandi, H.P. (for short "the Tribunal") in Claim Petition No. 63 of 2001, titled as Smt. Shayda and others versus Sh. Mohinder Pal and others, whereby compensation to the tune of ` 3,94,000/with interest @ 7½ % per annum from the date of filing of the petition till its realization came to be awarded in favour of the claimants and the insurer was saddled with liability (for short "the impugned award"). 2. This appeal is outcome of a vehicular traffic accident, which was caused by the driver, namely Shri Dhani Ram, while driving bus, bearing registration No. HP345401, rashly and negligently, on 20.06.2001 at about 1.30 P.M. at place Banala near Aut, in which so many persons sustained injuries and succumbed to the injuries. 3. It is stated that five appeals, outcome of the same accident, were also pending, stand already dismissed. One of the said appeals was FAO No. 14 of 2006. 4. I have gone through the impugned award. The appellant-insurer has questioned the impugned award on three counts: (i) That the premium amount cheque was not credited by the bank into the account of the appellant-insurer within time; (ii) That the accident was outcome of the contributory negligence; and (iii) That the amount awarded is excessive. 5. Learned counsel for the appellant frankly conceded that later on, the premium amount was received by the insurer. So, the question of bouncing of cheque of the premium amount does not arise. 6. It was for the appellant-insurer to prove that the accident was the outcome of the contributory negligence of the drivers of both the vehicles involved in the accident, has failed to do so. 7. The amount awarded is Rs. 3,94,000/- and the claimants are six in number. The Tribunal has fallen in an error in deducting one third towards personal expenses, one fifth was to be deducted. However, the claimants have not questioned the same. Accordingly, the same is reluctantly upheld. 8. All the three points are replied accordingly. 9. Keeping in view the fact that the five appeals arising out of the same accident involving the same issue have already been dismissed read with the discussions made hereinabove, this appeal is also dismissed. The impugned award is upheld accordingly. 10. Accordingly, the same is reluctantly upheld. 8. All the three points are replied accordingly. 9. Keeping in view the fact that the five appeals arising out of the same accident involving the same issue have already been dismissed read with the discussions made hereinabove, this appeal is also dismissed. The impugned award is upheld accordingly. 10. Registry is directed to release the awarded amount in favour of the claimants strictly as per the terms and conditions contained in the impugned award through payee's account cheque. 11. Send down the record after placing copy of the judgment on Tribunal's file.