Mansoor Ahmad Mir, J. - (1.) CHALLENGE in this appeal is to the judgment and award dated 18.7.2007, made by the Motor Accident Claims Tribunal, Bilaspur, H.P. in MAC No. 112 of 2004 titled Krishan Dev versus Rattan Chand and others, whereby compensation to the tune of Rs. 9,23,861/ - with 7.5% interest was awarded in favour of the claimant and insurer/appellant came to be saddled with the liability, hereinafter referred to as "the impugned award", for short, on the grounds taken in the memo of appeal.
(2.) THE claimant, owner and driver have not questioned the impugned award on any ground, thus it has attained finality so far it relates to them. The insurer has questioned the impugned award on three counts, i.e., (i) that the driver was having learner's license, thus was not having a valid and effective driving license to drive the offending vehicle, (ii) the owner has committed willful breach in terms of the mandate of the insurance contract read with Sections 146, 147 and 149 of the Motor Vehicles Act, for short "the Act, and (iii), the compensation awarded is excessive.
(3.) THUS , the questions to be determined in this appeal are whether the Tribunal has rightly saddled the insurer with the liability and whether the insurer can question the award on the ground of adequacy of compensation.;