National Insurance Company Limited vs Chitra and Others

P. Sathasivam, J.—By consent of both parties, the main appeal itself is taken up for disposal.

Aggrieved by the award of the Motor Accidents Claims Tribunal(II Additional District Judge), Krishnagiri dated 06.05.2003 made in

M.A.C.T.O.P. No. 1769 of 2001, National Insurance company Limited, Dharmapuri has filed the above appeal.

Heard both sides.

Learned counsel appearing for the appellant has raised the only contention that inasmuch as the accident occurred in a private quarry, as per the

terms of policy, the respondents 1 to 5-claimants are not liable to pay compensation.

With reference to the said contention, learned counsel appearing for the respondents 1 to 5-claimants submitted that in view of the fact that in

the place of accident the public have access and in the light of the decision of this Court reported in G. Bhuvaneswari and 3 others Vs. M.

Sornakumar and 2 others, , the Tribunal is justified in granting compensation in favour of the claimants.

There is no dispute that in the above referred Division Bench decision, placing reliance on the decision of the Full Bench reported in 1999

T.N.L.J. 144 (UNITED INDIA INSURANCE CO. LTD. V. PARVATHI DEVI AND ORS), the Division Bench has held that public place

includes where public have an access whether free or controlled in any manner.

In the light of the law laid down by the Full Bench having been followed by the earlier Division Bench referred to above, the only objection

raised by the learned counsel for the appellant Insurance company cannot be sustained. Though the appellant has questioned the quantum of

compensation arrived at by the Tribunal in the memo of grounds of appeal, learned counsel appearing for the appellant is not serious in disputing

the same before this Court.

In the light of what is stated above, the appeal fails and the same is dismissed. No costs. Consequently, C.M.P. No. 16907 of 2004 is also

dismissed.