NEW INDIA INSURANCE CO Vs. USHABEN CHANDRAVADAN GANDHI

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - Insurance Company, being aggrieved and dissatisfied with the judgment and award dtd. 29/9/2012 passed by the Motor Accident Claims Tribunal (Aux.), Surat in Motor Accident Claim Petition No. 38 of 2009, by which the Tribunal has awarded compensation of Rs.2,89,700.00 with 9% per annum interest to the claimants - respondent Nos.1 to 4, holding Opponent Nos.1 to 3 liable, jointly and severally.

(2.) Brief facts of the case are as under:

(3.) 1 Learned advocate Mr. G.C. Mazmudar for the appellant - insurance company has submitted that the accident is occurred in the premises of railway dockyard when the repair work was going one and the said truck was lying in stationary position. Therefore, as per the provision of the Motor Vehicles Act , 1988, the accident is not occurred in the public place and therefore, the liability of the insurance company cannot be fastened as the said accident does not fall under the provisions of the Motor Vehicles Act , 1988. Further, he has submitted that though, the premises - a railway dockyard is a 'public place', then the additional submission is that the insurance company has no liability for the risk of the deceased - mechanic and there is no contractual liability for the mechanic, covered under the insurance policy. Therefore, the insurance company cannot be held liable for payment of compensation.