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

The firm, however, argued that third-party risks such as these were not covered under plant and machinery policies. Further, it was argued that the vehicle owner and not the insurance company should be liable to pay the amount since the site was not a public place as per the Motor Vehicles Act.

The opposing counsel informed the court that the insurance policy did indeed cover third-party risks and pointed out that the construction area should be considered a public place as it is accessible to the public.

The court concurred with this view and stated, “Though the construction area is private property, it is accessible to all public… to workmen, supervisors, managers, engineers… Here these type of persons who are involved in construction activities are part of the public, the site in which the accident occurred is not fully occupied for 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,” the judge held.

The court clarified that under the Motor Vehicles Act, places to which the public has access or right of thoroughfare would also be a public space.

The judge then upheld the original order of compensation awarded to the heirs of the deceased.