JUDGMENT

S.C. PARIJA, J. — This appeal by the owner of the vehicle (truck) no. OSM-997, is directed against the judgment/award dated 8.10.2004 passed by the 1st Motor Accident Claims Tribunal, Baripada, in MACT Misc. Case No. 82 of 2003, awarding an amount of Rs.91,400/- as compensation along with interest @ 9% per annum, from the date of filing of the claim application, i.e. 24.3.2003 and directing the present appellant, as the owner of the offending vehicle, to pay the same.

2.The sole contention raised by the learned counsel for the owner-appellant is that as the accident took place on a land, which was adjacent to the public road and was recorded as a “Nayanjori”, to which, the public had easy access, learned Tribunal erred in holding that the accident took place on the private land of one Lalmohan Singh and therefore the insurer is not liable to pay the compensation amount. In this regard, it is submitted that the evidence on record clearly revealed that the deceased Bira Singh was at the work site on 9.3.2003 at about 4.30 P.M. near village Kamalasole, where digging and lifting of earth work was going on for construction of a road under “Pradhanmantri Gramya Sadak Jojana”, when