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Deaths due to electrocution in Pune: Families of deceased await compensation
They have not received any communication from either the private company or MIDC
The three youths who were electrocuted to death in Hinjewadi on December 30, 2019, while working for a private contractor engaged by the Maharashtra Industrial Development Corporation Limited (MIDC), were promised Rs 500 for a day’s work, according to the family members of the workers, who are still awaiting compensation.
They were killed while working on electrical lines for street lights at the Rajiv Gandhi Infotech Park, Hinjewadi.
The three deceased workers have been identified as 20-year-old Sagar Karandekar, his 25-year-old brother Raju Karandekar, and teenager Sagar Mashelkar (19), all residents of Bijleenagar, Chinchwad.
On the evening of December 30, 2019, these three were electrocuted to death after the seven to eight metre tall wheeled ladder they were pushing came in contact with an electricity line on the premise of Rajiv Gandhi IT Park, Hinjewadi.
Even as the police submitted a report to the Labour Commissioner’s office, the families of the deceased have not received any communication from either the company or MIDC.
MIDC officials said that the work was outsourced to Nishant Electricals through a tendering process.
MIDC executive engineer Kailash Bondre said that the tender awarded to the company includes an insurance component.
On December 31, the owner of Nishant Electricals, Devendra Prakash Babar, and labour contractor Sudhakar Vitthal Talwar, who was with the three when the mishap happened, were arrested by the police and produced in a local court on Wednesday.
“We had asked for police custody, but it is a bailable offence so the court granted them bail,” said an official at Hinjewadi police station.
When asked about insurance cover and compensation for the victims, Devendra’s son, Nishant, had said that the company was working with the families to get them the claim. However, members of the families said that they had not heard from Devendra or Nishant.
Nishant said in an interview that the company had bought group workers insurance policy from the Maharashtra State Directorate of Insurance while accepting the tender from MIDC.
“We do not know what the amount will be. The rule is to apply for it within 15 days of the incident and we are in the process of it. Whatever the amount will be, we will be adding to it from our side and then giving the total sum to the families. We are awaiting the next court date,” added Nishant.
“The process has begun. There is a component of employees’ compensation in the insurance which is a part of the tender that was awarded by MIDC. The case is going on in the court and when the next date is given and the process is complete, the compensation will be handed over to the families in front of the judge,” said Nishant.
At their residence, Raju and Sagar’s parents, father Shivakumar Mallappa Parandekar (59), and mother Sushirabai Shivkumar Prandekar (45), are dazed and cannot control their sporadic bouts of tears as eight family members are crammed into one of the two rooms that make up for their house on the first floor of an unnamed building.
“I had two sons. I raised them and they both are dead now. On the day when the incident took place Raju was eating lunch and left his food halfway to go to work,” said Sushirabai.
“Both my brothers wanted to buy a rickshaw and be autorickshaw drivers. The paperwork to get an autorickshaw was completed on that fateful day by Raju. He had come back after submitting his paperwork and sat down to eat around 3pm when he got a call saying there’s a day’s worth of work. So, he barely ate anything and left,” said Ashwini, 17, Raju’s younger sister.
Natives of Solapur, the families had lived in Alandi for five years before moving to their house in Bijleenagar only two months ago.
The families of the workers have not heard about the incident from those present on the spot of the accident as to what happended on the fateful day.
“We know about the incident from the news and videos being circulated. Nobody reached out to us. We were sitting in our house when a relative from around here said he received a call about Raju and Sagar being in an accident,” said Shivkumar.
“By the time we got their bodies, everything was done. We did not have to do any paperwork and nobody spoke to us,” said Meenakshi, 28, Raju’s elder sister who is married.
Victim Sagar Mashelkar’s family lives in a chawl across the road from Parandekar family residence. Their house is locked as the family has taken his body to Solapur. As his father breaks down on a phone call, his sister Anita Bharamji does not know who contacted her brother about the work.
‘Workers employed by MIDC contractor had no experience in electrical work’
“They had never done this work before. They were told that they won’t have to do any electrical work, just help with manual things like pass the wire, pick up equipment, etc. Sagar never goes with Raju to work. I don’t know why he was asked to go with him,” said Sangeeta, Raju’s 20-year-old wife, as she nestled their 6-month-old sleeping son.
Legal opinion
1) “The families of these three can approach the labour court and also talk to the person who employed them. It is the responsibility of the person who is allotting the work. Equally it is MIDC’s responsibility to get the insurance done when a tender is awarded,” said advocate Amol Dange.
“Legal preposition says that the person who has allotted the work will be responsible to compensate the victim because it was his duty to appoint skilled labour which he has not performed properly. Therefore, the person has to compensate. If they decide to go to the labour court, it will take its own time and the amount can be anything. On the basis of the FIR, their claim has to be considered by the labour court,” said Dange.
“The legal heirs can file suit for specific relief and damages under civil wrongs and causing death by negligence, and under criminal law, 357 of CrPC, which provides for compensation for victims. These can be against private company as well as MIDC. Contractor is also liable here. This is vicarious liability - master is liable for the act of servant. A civil writ can also be filed in the Bombay High Court,” said advocate Harshad Garud.
