• Death due to Accident at Work-place

I am a Design Engineer (Full-time Consultant) in an Industry, located near Hyderabad, T.S, India. There happened a serious accident resulting in the death of a person (and Minor injuries to others) in the company during February, 2015. The company didn't communicated further proceedings to any personnel in the company NOR the Govt. (Police, etc.) prosecuted the persons responsible for the accident. The accident occurred purely due to ignorance. I am very-much moved by the incident and I demand a legal action against the company management for carelessness & indifference. Thanks. 
Vishnu.
Asked 12 days ago in Labour from Hyderabad, Telangana
1.If the accident occurred purely out of negligence of the company then the Director of the Company who was responsible for the day to day to affairs of the company and the concerned in charge who was liable to maintain proper infrastructure can be prosecuted for causing death out of negligence.
2.However do note that only the victim's family or the police can initiate making FIR of this incident and not you.
3.You can nevertheless cooperate the Police about this in the event the FIR is already registered.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1) has FIR been lodged under section 304 (a) IPC 

2) section 304 ( a) deals with causing death by negligence and is punishable with imprisonment upto  2 years or fin e

3) employee family members would be entitled to compensation under workmen compensation act .

4) they should file claim before dy commissioner of labour and seek compensation from the employer 
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
In Regional Director, ESI Corporation Vs. Francis De Costa, reported in AIR 1997 SC 432 : (1996) 6 SCC 1, the Supreme Court at paragraph Nos.5 to 29 held that an employee/ the legal representatives, in order to succeed in the claim will have to prove that the injury that the Workman suffered arose out of and was in the course of employment. The conditions set out in Section 3 of the Act have to be fulfilled before the employee/the legal representatives could claim any benefit under the Act.

20. In Management, Hindustan Aeronautics Ltd., Vs. M.S.Bhagya, reported in 1999(4) LLN 303, the Karnataka High Court, at Para 5 of the judgment held that the burden is cast on the claimant to establish that there must be a causal connection between the death of the workman and his employment. The Court further held that there must be evidence on record to establish that the workman died on account of the work, he was carrying on and if the death had taken in the normal course of way, automatically, it goes to show that there was no connection between his death and employment.

21. In State of Madhya Pradesh vs. Ram Lakhan Lodhi, reported in 2000(1) LLN 580, following a judgment in Sourashtra Salt Manufacturing Company Vs. Bai Vahu Raja [AIR 1959 SC 881] and Regional Director, ESI Corporation Vs. Francis De Costa [(1996) 6 SCC 1], a Division Bench of Madhya Pradesh High Court has held that there must be a causal connection between the accident and employment.

22. In the New India Assurance Co. Ltd., Vs. Sarasu and others, reported in 2005 (3) MLJ 146, the respondents 1 to 3 therein, made a claim for compensation under Section 3 of the Workmen's Compensation Act, 1923 for the death of a workman, who died in an accident which arose in the course of employment. He was a heavy vehicle driver and was on duty as a co-driver. He received massive heart attack. He was taken to a Government hospital, where, he was pronounced dead by the duty doctor. The appellant Insurance Company, resisted the claim on the ground that it is for the claimants to prove that the deceased Workman died during and in the course of employment. On the basis of materials available on record, the Commissioner for Workmen's Compensation, found that the workman died on account of heart attack, which occurred during the course of his employment while he was working as a driver.
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
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1)According to the law, a Zero FIR can be filed in any police station by the victim, irrespective of their residence or crime place. Even if you are away from the place of incident or are unaware of the right jurisdiction, you can successfully file an FIR in any police station.

2) as per the Sec 154 of Criminal procedure Code, every Police officer is law bound to register the First Information Report of any cognizable offence committed, irrespective of the jurisdiction in which the offence was committed. When a cognizable offence is reported, the police officer registering the case forthwith starts the investigation, if it is committed in his jurisdiction. if it is not committed in his jurisdiction, he registers the FIR under number 00 and sends it to the police station, where the offence was committed for further investigation.
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
 The accident occurred purely due to ignorance. I am very-much moved by the incident and I demand a legal action against the company management for carelessness & indifference. 




If you were aware of the accident you could have reported the matter to police immediately without taking the consent of the company.

However since the company has suppressed the matter from the outside world, the company may pressure on you to remain silent or the company may decide to avenge you with adverse acts against you by which your career may be under stake. 

You can decide judiciously about this issue, i.e., whether to risk your career/employment due to this or to quit the employment and go further with yor complaint about this accident.

You can even consider if it is worth fighting against the mammoth power called the company and the power of the people behind the company. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
I like to know weather a criminal case can be filed against the Company Management for hiding the case and not reporting properly. And where I can file such case at Hyderabad, Telangana State, India. Since the personal responsible for the accident are still enjoying good position in the company and due to their dire carelessness, a life is lost, and I am very-much moved by the incident as a responsible citizen of this country.



You can report the accident and the events that led to this disaster and can name those persons responsible for this accident i.e., due to their careless and reckless attitude/activity. 

Whatever it may be, the police would register the complaint as an accident alone and would initiate action on that line only, which is not enough to punish the culprits. 

You can analyse all the facts and then decide about proceeding any further on this issue. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
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You can contact the family members of deceased and help them in getting justice by lodging FIR and claiming compensation 

2) if police refuse to lodge FIR then file private complaint before magistrate under section 156(3) of crpc ti direct police to investigate and submit report 
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
Nothing prevents you from moving police station to register a complaint from your side  however be sure that the relatives of the deceased support you.
The company will suppress the matter stating that nothing has happened that way and the deceased died due to heart attack.
The relative also would support company since they have already received the compensation amount.
Try if your luck favors you.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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