Construction sites are ‘public places’ under Motor Vehicles Act, Karnataka HC rules 

As per the tribunal documents, Devendra Eligar was moving astatine a operation tract connected the Beguru-Koppa roadworthy successful 2011. After work, helium went to slumber astatine the tract astir 11 p.m. erstwhile a “rashly driven” motortruck barged into the compound and struck Eligar, sidesplitting him. In 2014, the Motor Accident Claims Tribunal ordered the security steadfast to wage a compensation of Rs 11.5 lakh to the man’s heirs.

The firm, however, argued that third-party risks specified arsenic these were not covered nether works and machinery policies. Further, it was argued that the conveyance proprietor and not the security institution should beryllium liable to wage the magnitude since the tract was not a nationalist spot arsenic per the Motor Vehicles Act.

The opposing counsel informed the tribunal that the security argumentation did so screen third-party risks and pointed retired that the operation country should beryllium considered a nationalist spot arsenic it is accessible to the public.

The tribunal concurred with this presumption and stated, “Though the operation country is backstage property, it is accessible to each public… to workmen, supervisors, managers, engineers… Here these benignant of persons who are progressive successful operation activities are portion of the public, the tract successful which the mishap occurred is not afloat occupied for backstage intent of the operation site.”

“It is inactive astatine the signifier of operation and these workers supra stated are accessible to the tract for constructing the gathering therefore, it is accessible to the public,” the justice held.

The tribunal clarified that nether the Motor Vehicles Act, places to which the nationalist has entree oregon close of thoroughfare would besides beryllium a nationalist space.

The justice past upheld the archetypal bid of compensation awarded to the heirs of the deceased.