- (1.) THIS appeal has been preferred by appellant, National Insurance Co. Ltd. , against the award dated 6. 12. 2004 passed by Motor Accidents Claims Tribunal-cum-First Additional District Judge, Lohardaga in Compensation Case No. 118 of 1996, by which a sum of Rs. 2,49,120 along with interest of Rs. 24,912, which comes to a total sum of Rs. 2,74,032 was awarded to the claimants.
(2.) THE learned counsel appearing for the appellant, National Insurance Co. Ltd. while assailing the aforesaid award passed by the Tribunal, submitted that the appellant insurance company is not liable to pay any compensation to the claimants as the accident was not caused by the vehicle in a public area but within a private area, which was in possession and occupation of National Aluminium Corporation Ltd. Substantiating this part of the argument, reliance was placed by the learned counsel on section 146 (1) of the Motor Vehicles act, 1988, which reads as follows: "146. Necessity for insurance against third party risk.- (1) No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this chapter: provided that in the case of vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act, 1991 (6 of 1991 ). "
(3.) RELYING upon the aforesaid section, it was submitted that in view of the expression 'in a public place', used in section 146 (1) of the Motor Vehicles Act, 1988, the appellant insurance company was not liable to compensate the legal representatives of the deceased driver.;