Kerala High Court: Insurer Liable for Accidents Involving Commercial Vehicles on Private Property

The Kerala High Court has ruled that an insurance company is liable to pay compensation for an accident involving a commercial vehicle, regardless of whether the incident occurred in a public or a private place.

Justice Shoba Annamma Eapen overturned a Motor Accident Claims Tribunal order that had denied compensation, clarifying that the term “public place” under the Motor Vehicles Act covers all places accessible to vehicles.

The ruling arose from a case involving a JCB accident, with the Court stressing that insurers cannot avoid liability by arguing the mishap occurred outside a public road.

[The District Collector and Others v Thangal Kunju and Anr and connected matters]