What is the meaning of “Public Place”, as defined u/s 2(34) of the Act.

What is the meaning of “Public Place”, as defined u/s 2(34) of the Act.

Definition of 'Public Place', reads as under:"2(34) "Public place" means, a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage."

 The definition of 'public place' under the M. V. Act is,

therefore, wide enough to include any place which members of

public use and to which they have a right of access. The right of

access may be permissive, limited, restricted or regulated by oral

or written permission, by tickets, passes or badges or on

payment of fee. The use may be restricted generally or to

particular purpose or purposes. What is necessary is that the

place must be accessible to the members of public and be

available for their use, enjoyment, avocation or other purpose.

19.3. Vary question came up for consideration before the Full

Bench of Bombay High Court in Pandurang Chimaji Agale and

another v. New India Life Insurance Co. Ltd., Pune and others,

AIR 1988 Bom 248, wherein the Hon'ble Court after taking note

of the divergent views of different High Courts with regard to

the meaning and import of the term 'public place', as defined

under Section 2(24) of the 1939 Act (corresponding to Section

2(34) of the M. V. Act), proceeded to hold that for the purpose

of Chapter VIII of the said Act, the expression 'public place' 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.

 Relying on the Full Bench decision of the Bombay High Court

(cited supra), a Full Bench of Madras High Court in the case of

United India Insurance Co. Ltd. v. Parvathi Devi and others,

1999 ACJ 1520 (Madras) has held as follows:"

The definition of 'public place' is very wide. A perusal of the

same reveals that the public at large has a right to access

though that right is regulated or restricted. It is also seen that

this Act is beneficial legislation, so also the law of

interpretation has to be construed in the benefit of public. In

the overall legal position and the fact that if the language is

simple and unambiguous, it has to be construed in the benefit

of the public, we are of the view that the word 'public place'

wherever used as a right or controlled in any manner

whatsoever, would attract section 2(24) of the Act. In view of

this, as stated, the private place used with permission or

without permission would amount to be a 'public place'”.

19.5. Division Bench decision of the Kerala High Court in the case

of Rajan v. John, 2009 (2) TAC 260 (Ker) : (AIR 2009 Ker 136),

the Hon'ble Court while considering the definition of 'public

place' for the purpose of Section 2(34) of the Act, proceeded to

hold that the term 'public place' cannot be given a restricted

meaning in as much as, it is not to be taken as a place where

public have uncontrolled access at all times. 'Public place' for the

purpose of the Act has to be understood with reference to the

places to which a vehicle has access. Accordingly, the Hon'ble

Court proceeded to hold that the private premises of a house

where goods vehicle is allowed entry, is a 'public place' for the

purpose of Section 2(34) of the Act and therefore the insurer is

liable to pay the compensation.

Hon'ble Gujarat High took the similar view and an Oil Mill

has been considered as Public PlaceAsgarali

Hasanali v/s. Shamji Nanji Solanki, 2018(2) GLH 754.

From the above referred ratios, it becomes clear that in any

private premises, where goods vehicle is allowed entry, is a

'public place' for the purpose of Section 2(34) of the Act.

Agricultural land is not private land – 2021 ACJ 2506 (Mad)