JUDGMENT : 1. Heard, learned counsel for the appellant and learned counsel for the respondent no.3 as well as learned counsel for the respondent nos. 1 & 2. 2. Appellant-Oriental Insurance Co. Ltd has preferred this appeal against the award dated 10.05.2016 passed by the learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Compensation Case No.303 of 2012, whereby the claimants have been awarded compensation to the tune of Rs.5,75,000/-out of which Rs.50,000/-has already been paid under Section 140 of the MV Act. As such, the due amount awarded by the learned Tribunal is Rs.5,25,000/-to the parents of the deceased within a month from the date of the award along with interest @ 9% per annum from the date of filing of the claim application i.e. 16.10.2012 till its realization. 3. Learned counsel for the appellant has submitted that the compensation has been awarded without considering the actual loss to the claimants rather excess amount is awarded to the claimants. Learned counsel for the appellant has further submitted that the deceased was a gratuitous passenger of the vehicle, as such, the compensation should not have been awarded against the Insurance Company rather it should have been awarded against the owner of the vehicle who has violated the terms and conditions of the policy. 4. Learned counsel for the owner-Ms. Rishi Bharti has submitted that the issue of gratuitous passenger has been dealt in issue nos. 4 and 5 at para 11 of the impugned award wherein it has been held by the learned Tribunal that the deceased was not a gratuitous passenger and he was engaged as a labourer for loading sand over the truck, for which additional premium was paid by the owner of the offending vehicle to the insurer, as such, the learned Tribunal has rightly awarded compensation to the tune of Rs.5,25,000/-(Rs.5,75,000 – Rs.50,000/-) along with interest @ 9% per annum which does not require any interference by this Court. 5. Learned counsel for the claimant-Mr. Nikhil Ranjan has submitted that only Rs.3,00,000/-has been paid to the claimants pursuant to the order dated 13.07.2017 passed by a co-ordinate Bench of this Court, as such, the rest amount along with interest may be directed to be paid to the claimants by the Insurance Company. 6. Heard, learned counsel for the parties and perused the materials brought on record. 6. Heard, learned counsel for the parties and perused the materials brought on record. Since the issue has already been discussed by the learned Tribunal with regard to the gratuitous passenger holding that the deceased was not a gratuitous passenger rather he was working as a labourer over the truck, which was covered under the Insurance Policy for which the additional premium was also paid by the owner of the offending vehicle. 7. Under the aforesaid circumstances, the Miscellaneous Appeal has got no merit which is accordingly dismissed. 8. The Insurance Company is directed to satisfy the rest of the amount along with the interest @ 9% per annum as awarded by the learned Tribunal preferably within a period of 60 days from today. 9. The Registrar General of this Court is directed to refund the statutory amount deposited by the appellant at the time of filing of Miscellaneous Appeal, within a period of four weeks from the date of the filling of the requisition/application for the same by the counsel for the appellant. 10. Accordingly, the instant appeal is hereby dismissed.