: 1 : 158-10-fa=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 158 OF 2010 WITH CIVIL APPLICATION NO. 368 OF 2010 Gautam Kumar Dey .. Appellant v/s. Mahesh Ramesh Patel & Anr. .. Respondents ......... Mr. S.A. Tawate for the appellant Mr. D.R. Mahadik for respondent no.2 ......... CORAM : A.V. NIRGUDE, J DATE : 15th NOVEMBER,2011. P.C. : 1. This appeal is filed against order dated 7th November, 2009 passed by the learned Member, Motor Accident Claims Tribunal, Mumbai under Section 140 of the Motor Vehicle Act, 1988 awarding Rs.25,000/- to the respondent claimant as compensation. However, the learned Member held that this liability would be of the appellant (the owner of the vehicle) : 2 : 158-10-fa=.sxw and not of the Insurance Company, though the appellant’s vehicle was insured at the time of accident. The accident took place in side the premises of the motor garage. The appellant had given his car for repairs and while the same was in the control of the garage owner, one of the employee of the garage owner caused the accident. One another employee of the garage owner got injured in the accident. The learned Member held that since the garage is not a public place, the Insurance Company will not be liable for the damages. He placed reliance on provisions of Section 146 of the Motor Vehicle Act. While deciding the question as to whether the Insurance Company is or is not liable to pay compensation to the respondent claimant, it seems the learned Member did not examine the law on this point and it seems he hurriedly passed the order. 2. There is ample scope to the appellant to plead and to prove that the place where the accident took place is a public place. I think having regard to the facts of the case, the appellant would be able to prove or at least make attempt to prove that the place where the accident took place is a public place only at the time of trial and not at this interim stage. I am, therefore, inclined to allow the appeal and set aside the impugned order. The question as to whether the accident took place at a public place is kept : 3 : 158-10-fa=.sxw open and the learned Member would certainly inter alia decide this question amongst the other points of fact while deciding the claim petition. 3. The appeal is allowed. The impugned order is set aside. The amount deposited by the appellant shall be refunded to him along with interest, if any. The learned Member of the Motor Accident Claims Tribunal, Mumbai shall decide the application under Section 140 along with main Application. (A.V. NIRGUDE, J.)