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We are dealing with installation of CCTV camera, having total strength of technical team is 03 person (02 Technicians and one helper) and one differently able girl as office assistant.
At one of our site where we were supposed to lay the CCTV cables only, in a factory premises  under direction and supervision of clients person, One of our team member ( helper) met an fatal accident (he was found laying on a Cable tray which was at the height of approximately 6 feet but he wasn't supposed to be there)
Though he was taken to hospital by the client where he was declared-dead
The FIR was filled by the deceased father against the management of site, which was registered under Sec-304 A and were very firm for not to involve our name.
Me and my other persons were remained with deceased family till the FIR was filled and attaind the funeral even which was on next day.
Now the deceased family is seeking the compensation between Rs 8-10 Lac from me which is beyond my family capacity, besides the deceased had worked with us for approximately One year only, 
Now they are harassing me as well my other staff members through different persons, though we agreed to pay some amount on humanity ground for which they were agreed earlier but not accepting now   
Do we require any precautionary masseur and what will be our legal status
Asked 10 months ago in Criminal Law from NOIDA, Uttar Pradesh
Religion: Sikh
There are two aspects of the matter.One is criminal ie causing death due to negligence and second is compensation to employee under Employees compensation Act. Because of limited number of staff I take it that your employees were neither covered under ESI Act nor you had got them insured with any other insurer. Employees compensation is paid when the death occurs during the course of and out of employment. If death occurs due to negligence of employee or disobeying lawful instructions of employer in regard to safety, or for that matter when he was not on duty, the employer can not be held responsible. Therefore as far as compensation is concerned the liability might fall upon you. As far as criminal action is concerned, you have not detailed how the death occurred but  so far you have not been named in FIR, but if the circumstances exists you can be added as an accused at subsequent stage either by investigating agency or by court. For the time being you relax on this front. 
The duration of employment is not relevant in both cases but age and salary of the employee is relevant for calculations of compensation.
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
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If a FIR has been filed, you should take an anticipatory bail immediately. 
Also since the Cable was being laid in a factory premises, the factory should be responsible for the demise of your staff and not you. 
All the more, if you have safety instructions in place as part of your work, if any worker has ignored safety instructions, then the worker is at fault and not the management.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
The death of your team member was during the course of his employment but to make you liable for compensation and also to mount the criminal liability it has to be proved that his death was due to the negligence of his employer. If he files the compensation claim then you can contest it on merits.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
your employees family can file death compensation under Employees compensation Act.If they file the case then contest it on merit .Wearing helmet and taking other precaution during the employment is also consider at the time fixing  the compensation. 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Now they are harassing me as well my other staff members through different persons, though we agreed to pay some amount on humanity ground for which they were agreed earlier but not accepting now   
Do we require any precautionary masseur and what will be our legal status
If they have filed a FIR against the firm, it clearly indicates that they had never intended to ask money as compensation from you, but this is an extortion under pressure.  You should not budge to their pressure.  Tell them to go ahead because they do not have any ground or reason to proceed legally against you.  Their back door approach and pressures are to be ignored.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1) your employee has died during course of employment 

2) you would be liable to pay compensation under provisions of employee compensation act 

3) you would not be liable if employee has willfully disobeyed orders given to ensure safety of employees 

4) the amount of compensation shall be as follows, (a)	where death results from the injury	an amount equal to fifty per cent of the monthly wages of the deceased employee multiplied by the relevant factor;
or an amount of one lakh and twenty thousand rupees,
whichever is more;


5) relevant factor”, would depend upon the  age of employee
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0

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