NEW INDIA ASSURANCE CO LTD Vs. URMILA DEVI

JUDGEMENT

(1.) In the instant appeal, filed by appellant New India Assurance Co. Ltd. under Section 173 of the Motor Vehicles Act, 1988, one of the important questions involved for consideration is as to whether the insurance company would be liable to pay compensation in a case where accident did not tale place in a public place within the meaning of Section 2(24) of the Motor Vehicles Act, 1939

(2.) The brief facts of the case which give rise to the question may briefly be stated for correct appreciation of the question as well as the answer that we propose to give. The deceased was a contractor at Tata Yodogawa Limited, Gamharia (Tayo). While deceased was looking after his contract job in the said Tayo factory a truck bearing No. BHX 7268 which was being driven in negligent manner dashed the deceased at the Tayo factory gate as a result of which the deceased succumbed to injury. The truck belongs to D.D. Transport and was insured with the appellant New India Assurance Co. Ltd. The claimants who were the widow and minor children of the deceased Lai Babu Singh filed application for compensation impleading the owner, the driver and the insurance company as opposite parties.

(3.) The opposite party No. 1, the owner of the truck filed show cause contending therein that claim petition is not maintainable and the same is barred by limitation and that this opposite party has no knowledge about earning of the deceased. It was further contended that the driver of the vehicle was driving the vehicle very carefully and was not rash and negligent and the vehicle in question was insured with New India Assurance Co. Ltd. by virtue of valid insurance policy and, therefore, the liability, if any, for payment of compensation shall be borne by the insurance company.