UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER, THIRD PARTY CELL VETTUKATTIL BUILDINGS, KOCHI-16 Vs. JUBAIRIYA SALIM, SHEEJA MANZIL, AKKONAM, CHADAYAMANGALAM. P.O.,

JUDGEMENT

(1.) THE Insurance Company is in appeal. The grievance exposed in this appeal is against the award passed by the Tribunal mulcting the liability on the appellant insurer to satisfy the claim on behalf of the insured.

(2.) ALLEGEDLY the lorry insured with the appellant Insurance Company was parked in the residential premises of the deceased Salim where he had constructed a new house. The deceased along with another person was unloading marble slabs from the lorry. Unfortunately one of the heavy marble slabs slipped off their hands and fell on their bodies causing injuries to them. Salim succumbed to the fatal injuries sustained in spite of the earnest effort taken by the Medical College Hospital to save his life. According to the claimants the accident occurred while the driver of the lorry suddenly and without giving any signal took the vehicle forward. On conclusion of trial the learned Tribunal on the basis of the pleading and evidence, awarded compensation to the respondents claimants who are the legal representatives of the victim and the appellant insurance company was saddled with the liability of paying the compensation.

(3.) IT was argued by the learned senior counsel that despite the admitted pleadings of the claimants that the accident had occurred in the premises of the newly built house of the deceased Salim the Tribunal omitted to consider the fact that the accident had occurred not in a public place to have statutory coverage. According to the learned Senior Counsel appearing for the appellant, the liability to satisfy the claim is cast under the statute only if the accident occurred at a public place. In the instant case the alleged accident occurred outside the house of the deceased as admitted by the claimants. So it was contended that no liability could have been fixed on the appellant insurer in respect of the alleged accident.