Parukutty vs K.P.Joseph on 4 February, 2008
In Alias v. Paul (2003 (2) KLT992), the accident occurred
in a workshop which was considered as a public place.
Search Results Page
Search Results
1 - 5 of 5 (0.29 seconds)Documents citing
Alias vs Paul on 26 May, 2003
Smt. Kusum Devi vs Dharam Singh on 5 February, 2007
In Alias Vs. Paul, 2004 ACJ 158 (Ker.) (DB) An employee
while reversing vehicle in the workshop dashed against another
employee resulting in latter's death. It was held that workshop was
a public place.
Sh. Banwari Lal S/O Sh. Chedi Lal vs Sh. Dalbir Singh S/O Sh. Mukhtiyar Singh on 3 October, 2007
In case titled as Alias Vs. Paul, 2004 ACJ 158 Kerala
(DB) held differently in a similar case. In the said case an
employee while reversing the vehicle in a workshop dashed against
another employee which resulted in latter's death. It was held that
workshop was a public place and insurer could not claim any
exemption.
Reghu Nathan vs Suseelan on 30 May, 2008
3. The learned counsel for the appellant submits before me that
the decision in 2003(1) KLT 1 has been overruled by the decision in
Alias v. Paul [2003 (2) KLT 992].
Jose Emmanuel vs K.C.Jose on 7 August, 2008
Appellant, a green card holder in U.S.A, when came on leave
sustained injuries alleged to be in a motor accident on 24.09.1994. It
is stated that the accident occurred in the compound of the rented
house of appellant's brother, a private compound alleged to be on
the night at 11.30 P.M. No complaint was filed before the police
immediately after the date of accident, but a private complaint was
filed on 31.10.1994 and the scene mahazar was prepared on
02.11.1994. Though the accident was alleged to be occurred on
24.09.1994, charge sheet was filed only on 02.01.1995. Therefore,
there is no evidence to show that the second respondent driver was
negligent or that the injuries were caused as stated in the petition.
Insurance Company though admitted the policy denied the accident
and also contended that since the accident occurred in a private
MFA 1226/02 2
place Insurance Company is not liable to pay the compensation.
Only if the accident occurs in a public place Insurance Company is
liable for the risk of third parties. Learned counsel for the appellant
placed reliance on the decision of this court in Alias v. Paul (2003
(2)KLT 992) wherein this court held that workshop is a public place
as it is open to all. The above decision is not at all applicable to the
facts of this case as the accident is alleged to have occurred in a
private place, the residential compound of the appellant's brother.
Apart from the claimant, no independent evidence was adduced by
the appellant to show that there was accident and injuries were
caused as a result of the accident. Burden is on the appellant to
prove the accident and he failed to do so. In the facts and
circumstances of the case, no interference is called for. The appeal
is dismissed.
1