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himanshu harbola (Comp. Sec.)     22 June 2011

Compensation for death by negligence ?

Respected Seniors ,

Mr. X was appointed as a carpenter by Mr. A, who was neighbour of Mr. X ( Carepenter). Due to the negligence i.e falulty ladder provided by Mr. A , Mr. X fell down from the ladder while he was working and died to injuries later on.

An FIR has been loged under Section 304 A.

 

Specific queries :

1) Can family member of Mr. X claim compensation from Mr. A, if yes under which law... Does C.P.C  provides any proceedings for this particular situation or any other law.

( As per my research , the fatals accidents act 1855 , is applicable in this particular situation....but i am not sure whether it is still applicable in India or it has been repealed.  Hence can we file an application in the court of law under the said act.) ?

2) Do any labour law attracts here , i.e any labour law for hired contract labour etc.Name of the act. ?

3) Family of Mr. X is poor. How they can appoint a lawyer free of cost as they belong to a very poor family.

 

Situation is of New Delhi.

 

I am helping a poor person in getting Justice.

Thank u all......



 4 Replies

pratik (self working)     22 June 2011

i also want to known whether it is repealed or not fatal accident act, 1855.

 

himanshu harbola (Comp. Sec.)     22 June 2011

it seems like its still in operation...i just need a confirmation on the same.

himanshu harbola (Comp. Sec.)     23 June 2011

can any 1 please help ?

SACHIN AGARWAL (ADVOCATE)     24 June 2011

Since Mr. X was engaed by Mr. A for some works, Mr. X was his worker and now the family members of Mr. X can file a Compensation Case under Workman Compensation Act before Deputy Labour Commissioner of the area.

 


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