Motor Accident Claim -- Private Garage -- Premises accessible to public for repairs falls within meaning of public place
(i) Motor Vehicles Act, 1988, S.2(34) -- Motor Accident Claim -- Private Garage -- Classification as public place depends on right of access of public and not on ownership of premises. A garage, though privately owned, remains accessible to persons approaching for repair or purchase of accessories and thus falls within the definition of public place. (ii) Motor Vehicles Act, 1988, S.147 -- Insurer Liability -- Stationary Vehicle Under Repair -- Expression use of motor vehicle cannot be restricted to vehicles in motion. Repair of a vehicle forms part of its operation and movement, and liability of insurer for a third party claim continues even where the vehicle is stationary and undergoing repair.
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