Safediwala issue
Amit R Kumar
(Querist) 07 October 2017
This query is : Resolved
Sir, we hired a safediwala on a lump sum amount to do whitewash. He did it for 3 days and on the 4 th day he brought two boys along with him to do exterior painting, exterior painting was supposed to be done on the two floors, 1st floor and second floor, to do that he arranged some Jhoola for doing it, one of the boy sat on the jhoola for doing safedi, the other two were holding the jhoola, but unfortunately, the boy fell down and leg was broken, we arranged a auto for them and sent them to the government hospital, but that safediwala registered a case againt us demanding for the payment of the damages like rs. 1 lac. Now kindly suggest what to do....as there was no written agreement between us.
Thanks
P. Venu
(Expert) 08 October 2017
There is no ground for claiming damages against you; it is his responsibility to pay damages to the injured boy. He is a self employed person and the boy, his employee.
Amit R Kumar
(Querist) 08 October 2017
Thank you so very much for replying me....but police says that u should compromise with the boy other wise there will a case against you.
Guest
(Expert) 09 October 2017
@Mr. Amit Kumar,
Vague advice on the part of Mr. P. Venu! There is no occasion for you to be happy on the false hope on the advice of the Mr. P. Venu. May be your contract was verbal with no written agreement, but you cannot evade responsibility from your failure to provide safe environment and physical safety to the workmen. if you allowed those two additional persons, may be brought directly by safediwala boy, that was your deemed consent or verbal agreement. On that account you happened to be the principal employer of both the additional workers and you were liable to provide safe environment to and safety of those two workers also along with the safediwala boy. Their safety was your sole responsibility.
Guest
(Expert) 09 October 2017
Mr. Jigyasu has rightly analysed the situation. You become liable to pay compensation as per the provisions of the Workmen's Compensation Act.
P. Venu
(Expert) 09 October 2017
If he has filed a case against you, it could be a civil action. The police has nothing to do with a civil dispute.
In humble opinion, the relevant question could be whether the provisions of the Workmen's Compensation Act (presently, Employees Compensation Act) applies in the instant case. In this context, the decision of the kerala High Court as regards to payment of compensation to coconut climbers injured in the course of climbing the tree inorder to pluck coconut trees could be of much relevance. It had been held:
"These above aspects that appear on the evidence on record are ignored by the Trial Authority in reaching the conclusion as regards the liability of the appellant. The applicant was working for 12 other persons and would have to be held as a self-employed person not attached to anyone but plucking coconuts after climbing coconut trees of persons who send for him at the rate of one rupee per tree. The appellant and his wife are fully employed as clerk and school teacher respectively in Kanimangalam School and are not engaged in the trade or business of coconut products. There is no evidence of the relationship of the Employer and the Employee between the parties even of a causal character, when the applicant worked for 12 such persons at least on payment of one rupee per tree. On facts he would have to be held as an independent self-employed tree-climber. These facts go a long way in reaching the inevitable conclusion that no liability can be fastened on the appellant under the Workmen's Compensation Act, 1923." (indiankanoon.org/doc/1612313)
I trust the suggestion as above could be useful to you.
Guest
(Expert) 09 October 2017
One set of facts with two very different out comes from civil and criminal courts.One court aims to redress the injuries sustained by Plaintiff and the other seeks to punish,rehabilitate and seek retribution for the defendants criminal negligence to provide safety.It all depends on the cases to be filed .
Guest
(Expert) 09 October 2017
Better to have a amicable and reasonable settlement.
Rajendra K Goyal
(Expert) 09 October 2017
Have you any written agreement with the said contractor and whether the agreement contains conditions for such instances, if so move as per conditions.
In absence of any comprehensive agreement you may have to face trouble in proving that you are not liable.
Try to have amicable settlement.
Guest
(Expert) 09 October 2017
The Child should be careful with laptops computers and internets
Guest
(Expert) 09 October 2017
The Child should not play with internet where there are chances of dangerous things like "Blue Whale" etc
Guest
(Expert) 09 October 2017
Child should complete its home work on time and have food and go to sleep
Guest
(Expert) 09 October 2017
Take Care .............................
