<p>Bengaluru: The Karnartaka High Court held on Monday that though a construction site/area is a private property, considering its accessibility to workers, managers, unloaders etc, it has to be construed as a ‘public place’ under the Motor Vehicles Act. Justice Hanchate Sanjeev Kumar said this while rejecting an appeal filed by an insurance company.</p><p>The accident in the case at hand had taken place on November 14, 2011. Several labourers were working at an under construction building on Beguru-Koppa road in Bengaluru. When they were asleep inside the compound in front of 'C' Block of the building, a brick laden truck lorry ran over Devendra Eligar, one of the labourers, while taking reverse gear.</p><p>The family members moved the Motor Accident Claims Tribunal in Bengaluru. On February 7, 2014, the tribunal awarded Rs 11.5 lakh compensation with 6 per cent interest. The insurance company challenged the order, contending that fastening liability on the insurance company is not correct for the reason that the insurance policy issued is a contractor's plant and machinery policy.</p><p>The insurer further stated that the risk of a third party is not covered and also claimed that the accident had not taken place in a 'public place', but in a construction area, which is a private place. Though the claim petition under section 166 of the Motor Vehicles Act is maintainable, the insurance company is not liable to pay the compensation, the company said.</p>.MUDA case: Karnataka High Court reserves verdict on plea for CBI probe.<p>Justice Hanchate Sanjeevkumar noted that though the construction area is a private property, it is accessible to all public where it is made accessible to workmen, supervisors, managers, engineers, loaders and unloaders of the construction materials and transportation of lorries inside the construction area for the purpose of construction of building is amounting to accessible to public. Till the time the construction is completed and it is occupied by private persons exclusively for their own use, the site is to be construed as a place accessible to the public, the court said.</p><p>“Here, these types of persons who are involved in the construction activities are part of the public, the site in which the accident occurred is not fully occupied for the private purpose of the construction site. It is still at the stage of construction and these workers above stated are accessible to the site for constructing the building therefore, it is accessible to the public. Under these circumstances, the accident occurred. Therefore, the said construction area is to be construed as a public place as per Section 2(34) of the MV Act,” the court said.</p>
<p>Bengaluru: The Karnartaka High Court held on Monday that though a construction site/area is a private property, considering its accessibility to workers, managers, unloaders etc, it has to be construed as a ‘public place’ under the Motor Vehicles Act. Justice Hanchate Sanjeev Kumar said this while rejecting an appeal filed by an insurance company.</p><p>The accident in the case at hand had taken place on November 14, 2011. Several labourers were working at an under construction building on Beguru-Koppa road in Bengaluru. When they were asleep inside the compound in front of 'C' Block of the building, a brick laden truck lorry ran over Devendra Eligar, one of the labourers, while taking reverse gear.</p><p>The family members moved the Motor Accident Claims Tribunal in Bengaluru. On February 7, 2014, the tribunal awarded Rs 11.5 lakh compensation with 6 per cent interest. The insurance company challenged the order, contending that fastening liability on the insurance company is not correct for the reason that the insurance policy issued is a contractor's plant and machinery policy.</p><p>The insurer further stated that the risk of a third party is not covered and also claimed that the accident had not taken place in a 'public place', but in a construction area, which is a private place. Though the claim petition under section 166 of the Motor Vehicles Act is maintainable, the insurance company is not liable to pay the compensation, the company said.</p>.MUDA case: Karnataka High Court reserves verdict on plea for CBI probe.<p>Justice Hanchate Sanjeevkumar noted that though the construction area is a private property, it is accessible to all public where it is made accessible to workmen, supervisors, managers, engineers, loaders and unloaders of the construction materials and transportation of lorries inside the construction area for the purpose of construction of building is amounting to accessible to public. Till the time the construction is completed and it is occupied by private persons exclusively for their own use, the site is to be construed as a place accessible to the public, the court said.</p><p>“Here, these types of persons who are involved in the construction activities are part of the public, the site in which the accident occurred is not fully occupied for the private purpose of the construction site. It is still at the stage of construction and these workers above stated are accessible to the site for constructing the building therefore, it is accessible to the public. Under these circumstances, the accident occurred. Therefore, the said construction area is to be construed as a public place as per Section 2(34) of the MV Act,” the court said.</p>