BRANCH MANAGER UNIVERSAL SOMPO Vs. DEVKARAN

JUDGEMENT

(1.) Heard finally.

(2.) Being dissatisfied, the appellant/Insurance Company has knocked the doors of this Court by filing this miscellaneous appeal against the award dated 16/03/2013 passed by II Member, MACT, Shajapur in Claim Case No.111/2011 whereby the learned Tribunal has awarded Rs.4,17,500/-, as compensation to the respondent Nos.1 to 6 with direction to the appellant/Insurance Company and respondents No.7 and 8 to pay the compensation to the respondents No.1 to 6 jointly and severally.

(3.) Learned counsel for the appellant submits that the award passed by the learned Tribunal is improper and contrary to law and facts of the case. He argued that the learned tribunal has grossly erred in holding the appellant liable for compensation. It is further argued that the learned tribunal has erred in not considering that the alleged incident had occurred inside the factory premises and that place does not fall under the definition of public place given under the Motor Vehicles Act . Section 2 (34) of the Motor Vehicles Act provides the defintion of "public place" which is defined as a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access and includes any place or stand at which passengers are picked up or set down by a stage carriage. It is submitted that learned tribunal has erred in holding that the factory premises, being spread over 2-3 bighas area and many labour work in a factory and many people come and go in a factory every day, hence it is not public place. He prayed that the direction to pay the compensation from the appellant may be set-aside by allowing the appeal and also by exonerating the appellant from its liability.