HC relief for contractor charged with death due to negligence
A petition against a building contractor was quashed because of a severe financial crunch faced by the complainant who accepted compensation from the builder in order to educate her son.mumbai Updated: Oct 17, 2010 00:55 IST
A petition against a building contractor was quashed because of a severe financial crunch faced by the complainant who accepted compensation from the builder in order to educate her son.
The Bombay High Court quashed a case registered against Shyamlal Gupta, a contractor of an under construction building on 10th road at Juhu, who was charged with death by negligence after a man passing from the building died after an iron rod fell on him on March 18, 2004.
Shashikant Kundalik was rushed to the hospital, but succumbed to his injuries.
The police registered a case against Gupta and two others under section 304 (A) of the Indian Penal Code for causing death by negligence. The case is pending with the metropolitan magistrate at Andheri.
Gupta’s counsel, Prakash Naik said that it was an accident and there was no intention to kill Kundalik.
Kundalik’s wife, Sushma, agreed to settle the case after accepting compensation from Gupta saying that she has an eight-year-old son and needed money to educate him.
She filed an affidavit in the high court saying, “ She has a severe financial crunch and hence, on account of financial difficulties, she has amicably settled the dispute with the builder. She is ready to accept compensation from the builder.”
Gupta paid her Rs 4.25 lakh through a demand draft, after which the court quashed the case.
“In view of the compensation received, she will be able to educate her son and both she and her son will be able to lead a reasonably decent life. Otherwise, she and her son were living a hand to mouth existence,” said Justice VK Tahilramani while quashing the case.