( 1 ) THE claim of the appellants under section 110-A of the Motor Vehicles Act for compensation for the death of Ram Lakhan (husband of appellant Mo. 1 and father of appellants 2 to 4) was dismissed by the Motor Accidents Claims Tribunal against all the three respondents, viz. against respondent No 1, Dayal Singh on the ground that he was not driving the truck when the fatal accident took place causing the death of Ram Lakhan, against respondent No. 2, Delhi Municipal Corporation, Delhi, because the act of the driver was not in the course of the employment and, therefore, the employer was not liable for his act and against respondent No. 3 the Indian Insurance Companies Association Pool, as the question of the liability of the Insurance Company was not pressed. Hence this appeal by the claimants.

( 2 ) THE admitted facts are that the Motor Vehicle belonging to the Municipal Corporation of Delhi was within the premises of the said Corporation in which Ram Lakhan also lived with his family. Ram Lakhan was at the water tap when the vehicle dashed against him from behind and killed him. The claimants are the widow and the children of Ram Lakhan. In the application under