Insurer Cannot Deny Compensation For Accident Involving Commercial Vehicle Merely Because It Didn't Occur In 'Public Place': Kerala HC

The Kerala High Court has recently held that an insurance company is liable to pay compensation when the accident is caused by a commercial vehicle, irrespective of whether the accident occurred in a public or private place.Justice Shoba Annamma Eapen was considering a motor accident claims appeal preferred by an owner cum driver of a JCB challenging the order of the tribunal, which had directed him to pay compensation to a person injured (claimant).The claimant was injured on his leg when the bucket of the JCB owned by the appellant hit him. He remained ex parte before the tribunal and a sum of Rs. 66,000/- was awarded as compensation to the claimant. The tribunal had found that the accident occurred in a private place and therefore, the insurer was not liable. This was challenged in the appeal.The appellant relied on Rajan P v. K.J.John and others [2009 (1) KHC 631] and Parukutty and others v. K.P.Joseph and others [2015 KHC 3701] to contend that the definition of public places include private places where public vehicles are entering.Accepting the contention, the Court observed:“This Court held that public place for the purpose of the Act is to be understood with reference to places to which a vehicle has access and whether the public actually has access thereto is of no consequence. The JCB involved in this case is also a commercial vehicle. Since the JCB was engaged for work within the property belonging to the claimant's father and as the vehicle had access to the said property, the insurer cannot contend that it was not a public place and they are not liable to pay the amount, irrespective of the fact whether the accident occurred inside or outside the property. The question whether the accident occurred outside or inside the property has no relevance since JCB, a commercial vehicle, was used for work and it had access to the property.”Thus, it allowed the appeal and set aside the finding of the tribunal. which found the insurer not liable. The insurer was directed to pay the entire compensation award given by the tribunal.Case No: MACA No. 2847 of 2014Case Title: Anoop Paul v. M.P. Cherian and Anr.Citation: 2025 LiveLaw (Ker) 591Counsel for the appellants: Saji Mathew, Avinash K. Krishnan, Denu JosephCounsel for the respondents: Anil S. Raj, K. Sherin Mohan, Aginov Mathappan, P. Jacob Mathew, Anila Peter, C. Prabitha, K.N. Rajani, Radhika Rajasekharan P., J. Vivek GeorgeClick to Read/Download Judgment

Insurer Cannot Deny Compensation For Accident Involving Commercial Vehicle Merely Because It Didn't Occur In 'Public Place': Kerala HC

K. Salma Jennath

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