304A

rajesh (Querist) 10 November 2009 This query is : Resolved
M/S ABC (WHICH IS LICENSEE UNDDER ELECTRICITY ACT) HAS GIVEN CONTRACT TO EXECUTE THE SPECIFIC WORK TO SOME CONTRACTOR

THRES IS AN ACCIDENT ON SITE DUE TO WHICH CASE OF 304A HAS BEEN REGISTERED BY STATE

KINDLY TELL ME HOW MUCH M/S ABC COMPANY AND ITS EMPLOYEES ARE RESPONSIBLE

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Arvind Singh Chauhan (Expert) 10 November 2009
Only persons responsible on the site of accident, can be prosecuted in criminal proceeding. But Company may be liable in civil suit as it's vicarious liability.

adv. rajeev ( rajoo ) (Expert) 10 November 2009
I agree with Arvind

bhupender sharma (Expert) 10 November 2009
Mr. Rajesh if there is individual written contract with the contractor to accomplish the work & the co. has mentioned in the same that the contractor shall take all caution and care being a reasonable person towards the safety of the person concerned. Then there can be no liability of the company.

Raj Kumar Makkad (Expert) 10 November 2009
The law of land cannot be set aside through any contract entered contrary to settled law. Under workman compensations act, ABC co. cannot exonerate itself from civil liabilities to compensate the injured employee engaged by contractor, hoever, the criminal liability clearly rests with the person incharge/negligible of the incident.