Last Updated on July 25, 2024 by News Desk
An FIR was registered against one, P.D Agarwal, of negligence for not putting up the warning signs, leading to an accident of Charan Singh, which led to his subsequent death.
The single judge bench of Justice GS Ahluwalia of the M.P HC delivered an important ruling regarding the criminal liability of a contractor when a failure took place regarding putting warning signs at the construction site which finally led to a fatal accident.
It was the duty of the owner to ensure that the safety precautions were taken up to put safety precautions like the warning signs.
If such negligence results in a fatal accident, then it will constitute a criminal offense under section 304-A IPC.
It was argued by the applicant that, PD Agarwal, cannot be held vicariously held liable in the absence of specific provisions under IPC.
This was opposed by the state’s counsel because the owners can be held accountable for their failure to ensure safety measures.
It was observed by the court that as per the power of attorney, PD Agarwal was assigned as the partner and not merely an MD of the company.
It was held by the court that the failure to put up the warning signs was a failure and a significant breach of duty on the part of the company and Mr. Agarwal would be vicariously held liable.
Case Title:- P.D. Agrawal Versus The State Of Madhya Pradesh
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
