( 1 ) THIS is an appeal by the owner of the vehicle under section 173 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') challenging that part of the order by which insurance companies have been exonerated from their liability to pay compensation on the ground that the accident did not occur in a 'public place' as defined in section 2 (34)of the Act.

( 2 ) THERE is Diamond Cement Factory at damoh. Trucks and dumpers come inside the said factory to load cement bags for transportation to various destinations. On 3. 4. 1996 at about 10. 30 p. m. such vehicles were standing in queue waiting for their turn to load cement bags. Truck No. CPQ 7157 was also there. Non-applicant No. 1 phoolchand was its driver, non-applicant no. 3 Rajendra Singh (the appellant) is its owner and it was insured with the non-applicant no. 5 Oriental Insurance Co. Ltd. Behind this truck there was dumper no. MP 15-D 0403. Non-applicant No. 2 ghanshyam was its driver. It was owned by non-applicant No. 4 Raghubar Prasad and it was insured with non-applicant No. 6 New India Assurance Co. Ltd. The driver of the truck wanted to move the vehicle forward for loading the cement