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Manish Kumar Gupta (Deputy Legal Manager)     21 October 2009

Penalty for the damages to the eletricity pole

Dear all,

Our company's driver damages a electricity pole and transfarmer five days before in saving a cattle on the road. There is not any FIR by villagers or electricity board till now.

Is there any provisions, so can villagers or electricity board can recover damages from us. If they can file any FIR now. What remedies avaiable to our company

Regards,
Manish



Learning

 6 Replies

Suchitra. S (Advocate)     21 October 2009

Manish Kumar ji, If your driver has caused the damage during the course of service, then, company would be liable to pay compensation if at all a case is booked. Otherwise, how company is liable?

Manish Kumar Gupta (Deputy Legal Manager)     21 October 2009

Dear Suchitra..

Firstly thanks for the reply and i want to say that the driver is under the course of employment, FIR is not lodged against the driver or company till now.

What remedies the EB or villagers have. The Pole is already repaired by EB.

Regards,

Manish

Suchitra. S (Advocate)     21 October 2009

Manish ji, I think you are unnecessarily worried. It is true that company is liable to pay the expences if accident occurs during the course of employment. But as you said, there is no complaint by the villagers and also, EB has repaired the pole already. So, i think there should not be any point to worry about. Leave it at that and be happy.

1 Like

Anil Agrawal (Retired)     21 October 2009

 Please ask the driver to put it in writing to the company.

Feroz M Shafeeque (Police Officer)     21 October 2009

Normally electricity board lodge complaint to the local police station if they came to know the registration number of the vehicle or whereabouts of the driver or vehicle. 

 

The normal practice is that police seize the vehicle which caused the damage and the owner pay compensation to EB and police let off the vehicle without registering FIR.

 

In this case if the FIR is not lodged yet, it seems they do not know who caused the accident.

 

 

1 Like

Anil Agrawal (Retired)     21 October 2009

 The problem is that nothing happens in this country normally.


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