The liability in such cases will be on the owners/proprietors/directors.
The managers or other staffs, if directly involved can also be held responsible, but the directors responsibility cannot be ignored.
No agreement to this effect can save the directors.
This will be considered as an accidental death (if fatal), however the company on behalf of the directors shall pay the compensation if ordered so by the court.
Directors are agents of the Company in transactions they enter into on behalf of the Company.
Director’s liability arises because of their position as agents or officers of the Company as also for being in the position of trustees or having fiduciary relation with the Company .
Some of these liabilities are in contract, some are in tort, some are under the criminal law and others are statutory, i.e., under the Companies Act, 1956 and other laws. The courts have, in deciding the liability of Directors, taken into consideration a director’s position as a whole.
As far as fiduciary duties/obligations are concerned, any breach by any director would visit them with liability.
"A director has to act in the way in which a man of affairs dealing with his own affairs with reasonable care, and circumspection could reasonably be expected to act.
Therefore, Directors would decidedly be liable for omitting to do what they could have done in the circumstances.
Directors as such are not liable for the torts or civil wrongs of their company. To make a person liable for a tort, e.g. for negligence, trespass, nuisance or defamation it must be shown that he was himself the wrongdoer or that he was the employer or principal of the wrongdoer in relation to the act complained of, or that the tort was committed on his instructions.