JUDGMENT :

N.K. Jain, Actg. C.J.

1. This reference has been referred to this Bench by a Division Bench of this Court by judgment dated 17.7.1992 made in C.M.A. No. 1036 of 1990. The question referred to this Bench is as follows:

Whether the expression 'public place' for the purpose of Chapter VIII of the Motor Vehicles Act, 1939 will cover all places including those of private ownership where members of the public have an access whether free or controlled in any manner whatsoever?

or

Whether it will cover only places where any member of the public would have access as of right to those places, whether public or private?

2. The facts leading to the order of reference are as follows:

An award of compensation for the death of Devasundaram, a mazdoor in Madras Harbour, occurred in the motor accident which took place on 24.1.1987, was passed by Motor Accidents Claims Tribunal against the appellant insurance company and respondent No. 5 owner of the lorry. Considering the oral and documentary evidence and on perusing the material on record, the Tribunal awarded a sum of Rs. 1,25,200 against the insurance company and the owner of the vehicle. Against that order, C.M.A. has been filed in this Cou