JUDGMENT :

This appeal is filed challenging the judgment and award passed in MVC No.4481/2001 dated 21.07.2010 on the file of the MACT, Court of Small Causes, Bengaluru City, (SCCH.10) (‘the Tribunal’ for short), questioning the liability.

2. The parties are referred to as per their before the Tribunal to avoid confusion and for the convenience of the Court.

3. The factual matrix of the case is that the deceased Ashok R. Kyalkond was travelling in a Car bearing registration No.MH-12-W-3542 and due to the rash and negligent driving of the driver of the said vehicle, met with an accident on 18.06.2001 at about 6.00 p.m. on Jayapal Godown, Lonikond Village on Pune-Nagar Road (Maharashtra State) within the limits of Loni Kalabhor Police Station, Maharashtra State. Hence, the claim petition was filed by the wife of the deceased, minor son and parents of the deceased. The Insurance Company in the written statement took defence that the deceased was proceeding in the offending Car during the course of his employment under the owner and the risk of the deceased was not covered under the insurance policy issued in respect of the said vehicle. The liability is subject to the validity of the veh