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 the offending truck no.OSM-997, which was engaged to remove the earth to the road side suddenly reversed and dashed against the deceased and thereafter the rear wheel of the offending truck ran over him, as a result of which deceased Bira Singh died at the spot. It is submitted that as the land on which the accident took place was just adjacent to the public road having been recorded as a “Nayanjori”, learned Tribunal erred in ignoring the same and proceeding to hold that as the said land stood recorded in the name of one Lalmohan Singh and inquest over the dead body of the deceased was done by the police over the said land, the accident did not take place in a ‘public place’ and therefore, the insurer is not liable to pay the compensation amount.

3.Learned counsel appearing for the Insurance Company-respondent no.3, while supporting the impugned award, submits that as there are specific findings of the learned Tribunal that the accident took place on a private land belonging to one Lalmohan Singh and not on a public road or a ‘public place’, no liability can be fastened on the insurer to pay the compensation amount. In this regard, it is submitted that as the accident took place on a private land, to which the public have no access, which is evident from the materials on record, the impugned award cannot be faulted.

4.On a perusal of the impugned award, it is seen that in the claim application, it was pleaded that on 9.3.2003 at about 4.30 P.M. while the deceased Bira Singh was at the work site near village Kamalasole, where digging and lifting of earth work was going on for construction of road under “Pradhanmantri Gramya Sadak Jojana”, the offending truck no.OSM-997 belonging to the present appellant, which was engaged to remove the earth to the road side, suddenly came in reverse motion, being driven by the driver in a rash and negligent manner and dashed against the deceased Bira Singh and thereafter the rear wheel of the offending truck ran over him, resulting in his death at the spot. The claimants led oral evidence through P.Ws. 1 and 2 and filed documentary evidence, like police papers (Exts. 1 to 6), in support of their case. The Final Form (Ext.2) revealed that the police after investigation filed charge sheet against the driver of the offending truck no.OSM-997 for rash and negligent driving. The Seizure List (Ext.3 series) revealed that the police during investigation seized the offending truck and its documents and also the driving licence of the accused driver. Learned Tribunal on the basis of the evidence on record, both oral and documentary, came to hold that the driver of the offending truck was rash and negligent in causing the accident, which resulted in the death of the deceased.

5.As regard the liability to pay the compensation, t