• Van worker electrocuted by high tension line

Two van worker were electrolucted in my under construction building, both of them are under treatment and i am managing all their medical expenses, i have been charged by the state u/s 139 of electricity act and sec 336/ sec 338 of ipc for which i have got bail, i want to know if there is mishappening now as one worker is in critical condition, what charges can i face and its remedy
Asked 7 years ago in Criminal Law
Religion: Hindu

4 answers received in 2 hours.

Lawyers are available now to answer your questions.

9 Answers

1) Section 336 of IPC

Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty ...

 

2)Section 338 of IPC Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

 

3) you would be charged with causing death by negligence and liable to pay compensation to worker family 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

 

If Worker was electrocuted by high tension line his family is entitled to compensation from state 

 

Allahabad HC has held Electricity Board Strictly Liable For Deaths And Injuries Caused Due To Energy Transmission

 

3) writ petition can be filed in HC to seek compensation for the workers 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

If there happens any further damage i.e., loss of life, then section304 a may also be added.

You may have to work on some compromise arrangements.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

Accidental death or even section 304 may be slapped additionally against you.

For compensation, they may implead you as party.

Hence no writ petition is maintainable.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

Sir if the worker dies then section 304a that death by negligence can be added and further you are liable for paying compensation also.

Sir you need to appoint a good defence lawyer to defend the case. And you need to defend to extent that there was no negligence on your part.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The victim can file for compensation for compensation writ is not maintainable it will be filed in civil court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hire a experienced lawyer and contest the case on merit. Yes, victim can file writ petition.you can claim for compensation from Concern authority has to take the measures for safety of the people where ever their high tension lines are. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client, 

Demise will add sec 304a ipc. Culpable homicide.

Compensation under workmen's compensation act. Hope you have employees insurance.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Have you ensured the necessary safety measures for the same at your building. They will try to also put 304 IPC if death occurs.

Prashant Nayak
Advocate, Mumbai
34527 Answers
249 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer