P MUSE KHAN Vs. M GOPALA KRISHNAIAH

JUDGEMENT

(1.) The short question that falls for consideration in this appeal is whether the agricultural fields where the accident occurred is a 'public place' within the meaning of section 2 (34) of the Motor Vehicles Act, 1988 so as to fasten the liability against the insurer for the compensation awarded by the Tribunal.

(2.) The facts, which are not in dispute, are as follows: One Basha Khan while working in the fields of Shanker Reddy of Mudumur village sustained multiple grievous injuries in a motor accident and died while he was being shifted to hospital. The appellants herein who are the legal representatives of the deceased Basha Khan filed O.P. No. 69 of 1996 on the file of Motor Accidents Claims Tribunal-cum-Additional District Judge, Madanapalle seeking compensation contending that the accident occurred due to rash and negligent driving of the driver of the lorry bearing No. AP-03 9228 resulting in the death of the deceased. The owner of the said lorry as well as the insurance company with whom the lorry was insured were made the respondents. Along with the claim petition, the claimants also filed I.A. No. 870 of 1996 under section 140 of Motor Vehicles Act, 1988 claiming compensation under no fault liability. The said petition was contested by respondent No. 2 insurance company. The respondent No. 1, owner remained ex pane.

(3.) The respondent No. 2 insurance company raised a specific plea in the counter that the place where the accident occurred is not a 'public place' as defined under section 2 (34) of the Motor Vehicles Act, 1988 (hereinafter called 'the Act'), and, therefore, in terms of section 147 (1) (b) (i) of the Act, the liability cannot be fastened against the insurance company.