The Kerala High Court has clarified that insurance liability extends to commercial vehicles operating on private properties with access, overturning the Motor Accident Claims Tribunal’s (“Tribunal”) earlier decision.
The case involved M.P. Cherian (“Respondent”), who suffered serious injuries when struck by the bucket of a JCB owned and driven by Anoop Paul (“Appellant”) in December 2010. Respondent had claimed ₹3,00,000/- in compensation. The Tribunal awarded ₹66,000/- from the Appellant. It also held that since the accident occurred in a private place, the insurer was not liable, thus directing the Appellant alone to pay.
The appellant argued that the Tribunal’s finding was incorrect, citing precedents including Rajan P v. K.J. John[1] and Parukutty & Ors. v. K.P. Joseph[2] which recognise that places accessible to commercial vehicles can fall within the ambit of a “public place” under Section 2(34) of the Motor Vehicles Act, 1988.
The High Court agreed, noting that the JCB, a commercial vehicle, had access to the rubber estate where the accident occurred. The Court held that the insurer cannot evade liability, irrespective of whether the accident happened inside or outside the property.
The Court set aside the Tribunal’s finding against the owner and directed the insurer, United India Insurance Company Ltd., to pay the full compensation to the claimant.
Appearances
Appellants: Saji Mathew, Avinash K. Krishnan, Denu Joseph
Respondents: Anil S. Raj, K. Sherin Mohan, Aginov Mathappan, P. Jacob Mathew, Anila Peter, C. Prabitha, K.N. Rajani, Radhika Rajasekharan P., J. Vivek George
[1] 2009 (1) KHC 631
[2] 2015 KHC 3701
