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TMI Blog1999 (4) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... 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: An award of compensation for the death of Devasundaram, a mazdoor in Madras Harbour, occurred in the motor accident which took place on 24.1.1987, was passed by Motor Accidents Claims Tribunal against the appellant insurance company and respondent No. 5 owner of the lorry. Considering the oral and documentary evidence and on perusing the material on record, the Tribunal awarded a sum of ₹ 1,25,200 against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any is not liable to pay the compensation. Our attention had been drawn by the learned Counsel appearing for the insurance company to the decision in In re: Kuchampudi Satyanarayana Raju, AIR1950Mad729 , in which it has been held as follows: To constitute a public place it is not necessary that the place should be a public property but if it is private property it must be proved that not only public could have access to it but it is a place to which members of public in fact resort. 6. In a case referred to in Rajammal v. Associated Transport Co., 1970 ACJ 44 , an accident took place inside the precincts of a factory. It has been held that the public had no right of access and as such the insurance company would not be liable for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght to the notice of the Division Bench of this Court, which referred the matter to this Court for reference. Learned counsel pointed out that in the case on hand, the Division Bench itself would have followed the principle laid down in the case of the Full Bench of the Bombay High Court mentioned above. He further submitted that it has been clearly pointed out that the word used in Section 2(24) of the Motor Vehicles Act should be construed to the effect that the word used is right of access and not access as of right . According to him, the decisions cited by the learned Counsel for the insurance company had been relied on by the Full Bench of the Bombay High Court in the case mentioned above. As such, it has to be held that the insuranc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to our attention. In Narsingh v. Balkishan , 1988 ACJ 288 , the compound of a printing press owned by a private individual was held to be a public place. In Kannammal v. A.S. Kasim , 1989 ACJ 647 , while discussing the access as of right, it has been held that petrol bunk owned by a private individual is not a public place within the meaning of Section 2(24) of the Act. A Full Bench of the Bombay High Court in Pandurang Chimaji Agale's case , 1988 ACJ 674 , was also strongly relied on to show that the expression used in the definition is 'right of access' and not 'access as of right'. No doubt, a public place is one to which the public go whether they have a right to do so or not. A legal right of access is not essent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lic and be available for their use, enjoyment, avocation or other purposes. In that decision, an accident occurred on a private road in the compound of an industrial establishment. The entry was regulated by passes. In that circumstance of the case, the above mentioned Full Bench had held that: It will have, therefore, to be held that all places where the members of public have an access, for whatever reasons, whether as of right or controlled in any manner whatsoever, would be covered by the definition of 'public place' in Section 2(24) of the Act. The above mentioned decision was relied upon in a recent decision of another Full Bench of Bombay High Court in Forbes Campbel Co. Ltd. v. Vilasrao Deshmukh, AIR1994Bom346 , ..... X X X X Extracts X X X X X X X X Extracts X X X X
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