NATIONAL INSURANCE COMPANY LTD Vs. SITA DEVI

JUDGEMENT

(1.) THIS appeal by the Insurance Company under Section 173 of the Motor Vehicles Act is directed against the award dated 3.10.2005 passed by the learned Motor Accident Claims Tribunal-I, Sirmaur District at Nahan in MAC Petition No. 127- MAC/2 of 2004 whereby the learned Tribunal has awarded compensation of Rs.,4,72,,000/- alongwith interest at the rate of 9 per cent per annum in favour of the claimants.

(2.) THE undisputed facts of the case are that the claimants are the widow and three minor children of deceased Tek Chand. Tek Chand was employed as a labourer in Lime Chemical Factory, Gondpur, Tehsil Paonta Sahib, District Sirmaur. When he was inside the factory premises, truck bearing registration No.HP-17-5450 struck him. Tek Chand suffered injuries and died there.

(3.) THE contention of Sh.Deepak Bhasin is that a policy is only required to cover an accident which takes place in a public place. He has made reference of Section 2(34) of the Motor Vehicles Act, 1988 which defines 'public palce' as follows:-