LAWS(ORI)-2011-3-14

M K BHAUMIK Vs. SUKURA SINGH

Decided On March 04, 2011
M.K.BHAUMIK Appellant
V/S
SUKURA SINGH Respondents

JUDGEMENT

(1.) THIS appeal by the owner of the vehicle (truck) no.OSM-997, is directed against the judgment/award dated 8.10.2004 passed by the 1st Motor Accident Claims Tribunal, Baripada, in MACT Misc.Case No.82 of 2003, awarding an amount of Rs.91,400/-as compensation along with interest @ 9% per annum, from the date of filing of the claim application, i.e. 24.3.2003 and directing the present appellant, as the owner of the offending vehicle, to pay the same.

(2.) THE sole contention raised by the learned counsel for the owner- appellant is that as the accident took place on a land, which was adjacent to the public road and was recorded as a "Nayanjori", to which, the public had easy access, learned Tribunal erred in holding that the accident took place on the private land of one Lalmohan Singh and therefore the insurer is not liable to pay the compensation amount. In this regard, it is submitted that the evidence on record clearly revealed that the deceased Bira Singh was at the work site on 9.3.2003 at about 4.30 P.M. near village Kamalasole, where digging and lifting of earth work was going on for construction of a road under "Pradhanmantri Gramya Sadak Jojana", when the offending truck no.OSM-997, which was engaged to remove the earth to the road side suddenly reversed and dashed against the deceased and thereafter the rear wheel of the offending truck ran over him, as a result of which deceased Bira Singh died at the spot. It is submitted that as the land on which the accident took place was just adjacent to the public road having been recorded as a "Nayanjori", learned Tribunal erred in ignoring the same and proceeding to hold that as the said land stood recorded in the name of one Lalmohan Singh and inquest over the dead body of the deceased was done by the police over the said land, the accident did not take place in a 'public place' and therefore, the insurer is not liable to pay the compensation amount.

(3.) RELYING on the Full Bench decision of the Bombay High Court (cited supra), a Full Bench of Madras High Court in the case of United India Insurance Co.Ltd. Vs. Parvathi Devi and others, 1999 ACJ 1520 (Madras) has held as follows:"