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Aruna M   27 October 2015

Accident in work area

Hi,

One of my relative entered into a contract for drilling of a well for agricultural purposes, the mud is filled in some carrier and taken up with the help of a crane, as the carrier was weak the mud carrier fell on one of the labour's head and he died unfortunately. The relative has no role to play in the accident but the village heads have held him liable for 1 lakh which is a huge rampson for a person of his status of income.

 

Can anyone let me know if he can be held liable for the accident.

Thank you

Regards

Aruna M



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 October 2015

Your friend is liable as per the agreement. Please see the terms & conditions of agreement carefully.Moreover it is death of human. so he has a liability  upon a dealth as natural justice. Third party insurance can help your relative.

Aruna M   27 October 2015

Thank you for your reply. There is no written agreement as such, just an oral arrangement. Would the law give some consideration to his income status, he is a person below poverty line. Can you give details about third party insurance.

 

 

Kumar Doab (FIN)     27 October 2015

If the labor was thru Contractor then involve the contractor. Whatever amount if any is paid may be paid under proper acknowledgment and in proper forum showing nothing as due. Your able lawyer may opine that the legal heirs cam move court.

Aruna M   27 October 2015

Thank you Kumar, let me explain more, this incident happened in rural area, all decisions were made by village head, the contractor agrred to pay 2 lakhs as compensation to the deceased person's family, however they are also insisting my relative to pay 1 lakh within a month which is out of his reach. If this case is taken to court will he be held liable as the death was due to failure in the equipement used by the contractor and no safety precautions were made by them.

 

Kumar Doab (FIN)     27 October 2015

Irrefutable evidence alone can rescue anyone.

Get hold of evidence and check if you can prove.

Request villgae head to lower the amount to tolerable limits.

Is village head a lawful authority in your remote area?

The legal heirs can approach court of law anytime.

 

Get hold of evidence and check if you can prove.

Discuss in person with your able lawyer.

 


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