K. T. Sankaran, J. - (1.) The point involved in this appeal is whether the river bank from where taking of sand is prohibited is a 'public place' within the meaning of Section 2(34) of the motor Vehicles Act, 1988.
(2.) The petitioner before the Motor Accidents Claims Tribunal was the owner of a country boat. The boat was tied at the river bank of Chaliyar river at a ferry at Perinkadavu on 28.8.1993. At about 12 noon on that day, lorry bearing Registration No.KL-11/A-2579, owned and driven by the first respondent in the claim petition, hit on the boat and damage was caused to the boat. It is alleged that the boat was damaged completely drove the vehicle in a rash and negligent manner in high speed and suddenly reversed the lorry and in that process the lorry hit on the boat. The second respondent is the insurer of the lorry. A sum of Rs. 90,033/- was claimed as compensation.
(3.) The first respondent did not file any written statement. The second respondent-insurer-contended in the written statement, inter alia, as follows: The permit for running the vehicle is given of plying in all fit roads of Kerala. The approach road to the river bank where the accident occurred is 'Kutcha' road and as such it is not a fit road. The road in question is not a public place or a public road. There is violation of the policy condition. As per G.O.(P) 132/93 LAD dated 29.6.1993, removal of sand from Chaliyar river is prohibited. The lorry and the boat were engaged in transporting sand which was illegal and unauthorized. The lorry was engaged in unlawful transportation of san in a private place and this is a violation of the policy condition. The insure, Kerala State Insurance Department, has no liability to pay compensation. ;