UNITED INDIA INSURANCE CO. LTD. Vs. PARVATHI DEVI

JUDGEMENT

(1.) THIS reference has been referred to this Bench by a Division Bench of this Court by judgment dated 17.7.1992 made in C.M.A. No. 1036 of 1990. The question referred to this Bench is as follows: Whether the expression 'public place' for the purpose of Chapter VIII of the Motor Vehicles Act, 1939 will cover all places including those of private ownership where members of the public have an access whether free or controlled in any manner whatsoever? or Whether it will cover only places where any member of the public would have access as of right to those places, whether public or private?

(2.) THE facts leading to the order of reference are as follows:

(3.) COUNSEL for the claimants submits that the place of accident is a 'public place'. On consideration, after taking into account the conflicting decisions of this Court and various High Courts, the Division Bench referred the matter to a larger Bench, as mentioned above.