DISTRICT INSURANCE OFFICER Vs. M K MOOSAKUTTY

JUDGEMENT

(1.) The point involved in this appeal is whether the river bank from where taking of sand is prohibited is a 'public place' within the meaning of Section 2(34) of the motor Vehicles Act, 1988.

(2.) The petitioner before the Motor Accidents Claims Tribunal was the owner of a country boat. The boat was tied at the river bank of Chaliyar river at a ferry at Perinkadavu on 28.8.1993. At about 12 noon on that day, lorry bearing Registration No.KL-11/A-2579, owned and driven by the first respondent in the claim petition, hit on the boat and damage was caused to the boat. It is alleged that the boat was damaged completely drove the vehicle in a rash and negligent manner in high speed and suddenly reversed the lorry and in that process the lorry hit on the boat. The second respondent is the insurer of the lorry. A sum of Rs. 90,033/- was claimed as compensation.

(3.) The first respondent did not file any written statement. The second respondent-insurer-contended in the written statement, inter alia, as follows: