Death due to rashness & negligence
Guest
(Querist) 03 December 2011
This query is : Resolved
Dear Sir/Madam,
Suppose a company undertakes the construction work of a road. And during such construction, an employee of the company accidently comes in contact with a naked electric wire of a machine being used for the construction of the road and he dies due to the electric shock. No rashness or negligence is initially alleged against anybody whosoever.
In the above circumstances, the dependents of the employee can very well claim compensation from the company. But please let me know whether they can prosecute the directors/managers of the company under section 304-A of the IPC as well.
H. S. Thukral
(Expert) 03 December 2011
If a rash and negligent act is committed by a company, the owner/ directors are to be prosecuted and held liable.
prabhakar singh
(Expert) 03 December 2011
A company though a juristic but at the same time artificial person and offences if any attributable to it due to it's ownership shall be deemed or could be committed by its board or manager in charge of the activity on its behalf.
Sailesh Kumar Shah
(Expert) 04 December 2011
Name of Person, whose name mentioned in "Registration Certificate" as U/c.
Shonee Kapoor
(Expert) 06 December 2011
YES, It can be.
Indian Army was held liable for the accidental death by an army truck and the General was asked to pay the compensation.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Querist) 06 December 2011
Dear Sir,
I have modified my question as above. Please answer my question in the light of the modification and oblige.
Sailesh Kumar Shah
(Expert) 11 December 2011
Sorry to say you that very bad practice by you.you should post it subsequently to query not amendment in whole query. I quite remember old query, Now,you amended whole query, which is not relating to old one.
Guest
(Expert) 11 December 2011
I have sought some clarification in your earlier question at the following thread:
http://www.lawyersclubindia.com/experts/Section-304-a-ipc-258166.asp
Please clarify that.I repeat my query as follows:
What kind of negligence of directors/ managers of the company do you see in the construction work of road when the electricity distribution is supposed to be under the charge of the Electricity Department or the Distribution company, and also when you admit absence of rashness or negligence of any kind?
M/s. Y-not legal services
(Expert) 04 December 2011
