Court awards ₹22.4 lakh compensation in bank peon's death due to accidental firing
Court awards ₹22.4 lakh compensation in bank peon's death due to accidental firing
New Delhi, A court here has awarded over ₹22.4 lakh compensation to the family members of an IDBI bank peon who died because of an accidental shot fired by a security guard in 2008.
The court held the guard, the bank and the security agency equally liable for negligence.
District Judge Naresh Kumar Laka was hearing a suit for compensation filed by the family members of the deceased, Chander Dev, 49, claiming that the security guard negligently pressed the trigger of his gun, causing fatal injuries to Dev on February 18, 2008.
In its order dated March 24, the court said, "It is alleged that said incident happened due to negligence of the defendant no 2 who was appointed by defendant no 1 and the defendant no 1 failed to check from to time the wear and tear of the said gun and thus defendants, 1, 2 and 3 are jointly and vicariously liable to pay compensation of ₹20 lakhs along with interest to the plaintiffs."
The court rejected the defence of the guard claiming there was no negligence and that there was an accidental fire when he was trying to unload the cartridge from the gun.
It said, "The gun in question cannot shoot fire at its own and it was due to negligent act of the defendant no 2 which cannot be said to be simply accident or mistake. Moreover, the defendant was deputed as a gunman and in that capacity, he was required to take all care and precaution while handling his arm and ammunition."
The court noted that Kumar was provided as a guard to the IDBI bank by the security agency.
It said, "Defendant no 1 to 3 are equally liable for their individual as well as combined act of negligence and in terms of strict liability. Therefore, all the defendants are liable to compensate the plaintiffs in the ratio of 33.33 per cent each."
Calculating the compensation under various heads as more than ₹22.4 lakh along with nine per cent interest, the court directed that the payment be made within 30 days.
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