(1.) The appeal is filed by the claimants challenging the order passed by the Motor Accidents Claims Tribunal-II, Additional District Judge, Visakhapatnam, in O.P No. 23 of 1986 dated 30.10.1991.
(2.) An important issue that arises for consideration in this appeal is the interpretation of the expression 'public place'.
(3.) One Gangaiah was the driver of the lorry bearing registration No. ABK 8035. On 28.8.1985, the lorry went to the premises of Coromandel Fertilisers Limited, Visakhapatnam to load gypsum. The lorry entered into the premises of the factory after obtaining the necessary permission. It was parked at the appropriate parking place and the driver was with the vehicle. While so, a cleaner of another lorry bearing registration No. ATV 3438 while taking reverse of the vehicle dashed against Gangaiah on account of which he died. Consequently, the legal representatives of the deceased laid a claim for compensation. The Tribunal found that the accident had not taken place in a public place and absolved the insurance company of the liability and mulcted the liability on the owner of the vehicle by an order dated 30.10.1991. The compensation was computed at Rs. 93,600. Not satisfied with the compensation and not making the insurance company liable, the present appeal has been filed.
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