IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 82 of 2008 Sunil Singh Daramwal S/o Sri Mohan Singh Daramwal R/o Kohli Garden, Subash Nagar Haldwani, District Nainital ….Appellant Vs 1. Smt. Janki Devi W/o Late Sri Dan Singh 2. Km. Hema Devi D/o Late Sri Dan Singh 3. Master Kharak Singh D/o Late Sri Dan Singh 4. Km. Jyoti D/o late Sri Dan Singh All R/o Village Jyadi Post Bhujan, District Almora 5. National Insurance Company Ltd. through its Divisional Manager Divisional Office, Haldwani District Nainital …Respondents Sri Sudhir Singh, learned counsel for the appellant Sri D.S. Patni, learned counsel for the respondent No. 5. Hon’ble B.C. Kandpal, J. This appeal under Section 173 of Motor Vehicles Act, 1988 has been preferred by the appellant/owner against the judgment and order dated 25.07.2007 passed by District Judge/M.A.C.T., Nainital in M.A.C.C. No. 267 of 2006, Smt. Janki Devi & others Vs Sunil Singh Daranwal & another whereby the Tribunal awarded as sum of Rs. 1,70,000/- as compensation along with interest @ 6% per annum from the date of filing against the Insurance Company and granted recoverable rights to National Insurance Company Ltd. from the owner/appellant of the vehicle. 2. Heard Sri Sudhir Singh, learned counsel for the appellant, Sri D.S. Patni, learned counsel for the respondent No. 5 and perused the record. 3. Learned counsel for the appellant has submitted that the deceased was not traveling as a gratuitous passenger in the vehicle in question. Therefore, the liability of payment of entire compensation is upon Insurance Company and the decision for granting recoverable right to the Insurance Company is not justified in the eye of law. 4. After having considered the arguments advanced by learned counsel for the appellant and perusing the entire material available before me, I do not find any force in the submission advanced by learned counsel for the appellant. The Tribunal has discussed each and every point at great length. The Tribunal has opined that the deceased would have travelled in the truck after paying some amount towards fare and in order to protect the right of claimant, the insurer has rightly been directed to pay compensation and as breach of terms of policy was committed, therefore, recoverable right was given to the insurer. I do not find any infirmity in the impugned judgment and order passed by the Tribunal concerned. The appeal lacks merit and is liable to be dismissed. 5. Accordingly, the appeal is dismissed in-limine. (B.C. Kandpal, J.) 12.03.2008 ASWAL