LANKA SARMMA Vs. RAJENDRA SINGH

JUDGEMENT

(1.) This appeal is filed by the claimant in O. P. No. 346 of 1978 on the file of the Motor Accidents Claims Tribunal, Rajahmundry, complaining against an order of compensation passed by it limiting the liability only to the respondents 1 and 2, who are the driver and the owner respectively, o the lorry and holding the third respondent, the Original Fire and General Insurance Company Limited, Hyderabad, free from the obligation to meet the claim under the award.

(2.) One Lanka Viswanatham, aged 18 years, was working as a cooly earning Rs. 10.00 to Rs. 12.00 per day. The said Viswanatham met his premature death on 28-1276 while working as a cooly on the lorry A. A. T. 2338 owned by the second respondent herein. On 28-12-76 the said Viswanatham was hired along with other coolies for the purpose of loading and unloading stones from the Hindustan Quarry to the coffer dam on the Godavary at Dowleswaram. While the lorry was proceedings to the coffer dam site, it turned turtle due to rash and negligent driving, killing Viswanatham. Viswamanthams mother had filed the above O. P. 346 of 1978 claiming compensation of Rs. 30,000.00 against the lorry driver as well as the owner and the Insurance Company. The driver and the owner remained ex parte and did not contest the claim. The third respondent insurance company, which found acceptance with the lower tribunal and against which this present appeal has been filed, is the plea that the insurance company is not liable on the ground that the accident did not occur in a Public Place. The lower Court accepting that plea said, "the alleged accident has taken place beyond carriage way at coffer dam, which is the property of the Godavary barrage private promise and as per provisions of the Motor Vehicles Act 1939 3rd party insurance cover did not cover such an accident."

(3.) Under S. 95 of the Motor Vehicles Act, taking a policy of insurance covering third party risk is compulsory. That policy is statutory required to cover any liability which may be incurred by the insured in respect of the death or bodily injury of any person or damage to any property of third party caused by or arising out of the use of the vehicle in a Public Place. This Section has been interpreted by the lower tribunal as excluding the liability of the insurance company in this case, on the reasoning that the death was not caused by the use of the vehicle in a Public Place.