( 1 ) BY this appeal the appellant - original opponent No. 3 United india Insurance Co. Ltd. , has questioned legality and validity of the judgment and award dated 24-12-1996 delivered in Motor Accident Claim Petition No. 336 of 1992 by the Motor Accident Claims Tribunal (Main), Bhavnagar.

( 2 ) THE main question which has come up before us for consideration and adjudication in this appeal is "whether the vehicular accident in question could be said to have occurred in a "public place" as defined under S. 2 (34) of the Motor vehicles Act, 1988 (New Act) ?"

( 3 ) IN order to examine and appreciate the main question, we would like to highlight skeleton projection of the facts. The respondent No. 1 Gujarat Ship Trading corporation which is the original claimant "corporation" by filing the aforesaid claim petition claimed Rs. 2,58,000. 00 under S. 166 of the New Act and inter alia contended that the goods belonging to it came to be damaged on account of rash and negligent use of a public carrier No. GTS 7023 driven by the respondent No. 2-original opponent No. 1 belonging to the respondent No. 3-original opponent No. 2.

( 4 ) IN short, the appellant is the insurer. The re