Back
1987 Supreme(Mad) 311
2 1988 ACC 141
Swamikkannu
Chairman, Neyveli Lignite Corporation
Versus
Nayathan And Ors.
Decided on: 14/9/1987
.
The distinction between a public place and a private place and the liability of an insurance company to pay compensation for an accident that takes place in a private place.
Headnote:
MOTOR VEHICLES ACT - SECTION 95(1)(B) - INSURANCE - LIABILITY OF INSURANCE COMPANY - PUBLIC PLACE - PRIVATE PLACE - DISTINCTION - INTERPRETATION.
Fact of the Case:
The accident took place in a private area of Neyveli Lignite Corporation, where the public had no right of access. The deceased and the injured were not visitors but workers in a private canteen run in the mines area.
Finding of the Court:
The place of occurrence is a private place and as such when the occurrence had taken place at a private place, the Insurance Company is not liable as per the provisions of the Motor Vehicles Act.
Issues: Whether the place of occurrence is a public place or a private place? Consequently, who is liable to pay compensation to the claimants? What is the quantum of compensation that is payable to the claimants/respondents in both the appeals?
Ratio Decidendi: A public place is a place to which the public have a right of access, while a private place is a place to which the public does not have a right of access. In the instant case, the place of occurrence was a private place as it was a prohibited area in which general public did not have a right to access, but only by permit under the printed form Ex B-1.
Final Decision: Both the appeals fail and they are dismissed. But in the circumstances, there will be no order as to costs.
Swamikkannu, J.
1. These Appeals coming on for hearing on Wednesday the 8th, Monday the 20th, Tuesday the 28th days of July, 1987 Wednesday the 12th upon perusing the petition of Appeal, the order of the Lower Court, and the material papers in the case, and upon hearing the arguments of Mr. U.N.R. Rao and Mrs. Sathiya, Advocates for the Appellant, and of Mr. R. Balasubramaniam, Advocate for the Respondents 1 and 2 in A.A.O. No. 576/81 and for the 1st Respondent in A.A.O. No. 577/81 and of Mr. R. Vedanathan, Advocate for the 3rd respondent in A.A.O. No. 576/81 and for the 2nd Respondent in A.A.O. No. 577/81 and having stood over for consideration till this day, the Court made the following order-
2. These are appeals by the 1st respondent, Chairman, Neyveli Lignite Corporation, Neyveli against the award dated 15th December, 1980 in C.P. No. 339 of 1979 which was disposed of by a common judgment along with C.P. No. 340 of 1979 on the petitions claiming compensation of Rs. 25,000/- and Rs. 40,000/- for the deceased and injuries sustained respectively in a van accident at about 9-30 p.m. on 2-5-1979 in the mines area in Neyveli Township under Section 110-A of the Motor Vehicles Act finding that the accident took place due to the rash and negligent driving of the van. The Tribunal also held that the claimants Nayathan and Kaliamma are entitled to compensation of Rs. 16,200/-. A.A.O. No 577 of 1981 has been preferred by the first respondent, Chairman, Neyveli Lignite Corporation, Neyveli against the award dated 15-12-1980 in claim petition No. 340 of 1979 wherein the claimant claimed a compensation of Rs. 40,000/- for the injuries and permanent disability sustained by him.
3. The petitioner in C.C.P. No. 340 of 1979 was aged about 11 years at the time of accident. He was an attender earning about Rs. 150/- per month. The deceased Raman was aged about 18 years at the time of the accident concerned in C.P. No. 339 of 1979. He was a labourer earning about Rs. 250/- per month. On 2-5-1979 at about 10 p.m. Raman, the deceased concerned in C.P. No. 339 of 1979 and Ravichandran, the petitioner in C.P. No. 340 of 1979 were going on a bicycle with grocery to the canteen near the shift office in the mines road at Neyveli. Then the Neyvali Lignite Corporation canteen van with Registration Number TNF 7193 belonging to the appellant herein and insured with the United India Insurance Company Ltd., Pondicherry 3rd and 2nd respondent in C.M.A. Nos. 576 & 577 of 1981 respectively and driven in rash and negligent manner by the driver, Thiruvengadan, dashed against the cycle, as a result of which both of them were thrown away and Ravichandran, the petitioner in C.P. No. 340 of 1979 sustained fracture in his left arm and Raman, the deceased concerned in C.P. No. 339 of 1979 was run over by the van who died as a result of crush injuries Both of them were taken to the Neyveli Lignite Corporation Hospital. On the way, Raman died. Ravichandran's Left arm was amputed and he was given treatment in the hospital for a period of five months. The driver of the van was prosecuted for an offence under Section 304-A I.P.C. in C.C. No. 715 of 1979 in the Chief Judicial Magistrate's Court, Cuddalore and he has been convicted and sentenced to undergo rigorous imprisonment for a period of nine months. The deceased Raman's father and mother Nayathan and Kaliarnma the petitioners in C.P. No. 339 of 1979 and respondents 1 and 2 in C.M.A. No. 576 of 1981, Ravichandran the petitioner in C.P. No. 340 of 1979 and the first respondent in C.M.A. No. 577 of 1981 contend that due to shock and mental agony, they could not file the petitions in time, but with a delay of 21 days. They prayed before the Tribunal that the delay in filing the petitions might be condoned.
4. The petitioners in C.P. No. 339 of 1979 prayed that they may be awarded a compensation of Rs. 25,000/- for the death of their son and the petitioner in C.P. No. 340 of 1979 prayed that he may be awarded a sum of
