1. This appeal is by the owner of the offending vehicle challenging the judgment and award of the Tribunal on the ground of liability as well as quantum.

2. The learned counsel for the appellant-owner of the offending vehicle submits that the owner of the vehicle after receiving notice from MACT/SCCH No.7, Bangalore in MVC 2370/2001 filed by the claimant against him and the insurance company, he contacted the insurer regarding steps to be taken in the matter who obtained his signature to a vakalath stating that they would entrust the matter to their panel Advocate and the will look after the same and he need not have to worry about the case. Accordingly, a panel Advocate of the insurance company had filed vakalath for the owner of the vehicle as well as the insurance company and he was appearing for both the owner and the insurance company. But later, he retired from appearing on behalf of the owner without issuing him any notice. Consequently, nobody represented him in the case and case was proceeded in his absence and the impugned Judgment and award came to be passed by fastening liability against him. He submits that if the owner had come to know about the retirement of