NATIONAL INSURANCE CO LTD Vs. ANITA SINGH

JUDGEMENT

(1.) THIS appeal has been preferred by appellant, National Insurance Co. Ltd. , against the award dated 6. 12. 2004 passed by Motor Accidents Claims Tribunal-cum-First Additional District Judge, Lohardaga in Compensation Case No. 118 of 1996, by which a sum of Rs. 2,49,120 along with interest of Rs. 24,912, which comes to a total sum of Rs. 2,74,032 was awarded to the claimants.

(2.) THE learned counsel appearing for the appellant, National Insurance Co. Ltd. while assailing the aforesaid award passed by the Tribunal, submitted that the appellant insurance company is not liable to pay any compensation to the claimants as the accident was not caused by the vehicle in a public area but within a private area, which was in possession and occupation of National Aluminium Corporation Ltd. Substantiating this part of the argument, reliance was placed by the learned counsel on section 146 (1) of the Motor Vehicles act, 1988, which reads as follows:

(3.) RELYING upon the aforesaid section, it was submitted that in view of the expression 'in a public place', used in section 146 (1) of the Motor Vehicles Act, 1988, the appellant insurance company was not liable to compensate the legal representatives of the deceased driver.