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SC orders compensation from House Owners and State Govt while observing no offence for death by negligence has been made

Live Law News Network
9 April 2015 5:13 PM GMT
SC orders compensation from House Owners and State Govt while observing no offence for death by negligence has been made
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Using the power granted by Article 142 of the Constitution of India, a three judge bench of the Supreme Court directed the State Govt and the respondents to pay Rs 1 Lakh each to the appellant. The judgment authored by Justice Banumathi dealt with an appeal filed by the husband of the deceased maid who had worked in the house of respondents for 5 years till her accidental death due to electric shock from washing machine while working.

Initially, the  case  was  registered  by  the Police  as  "unnatural  death"  u/s  174   Cr.P.C,   but   after investigation 'refer report' was filed,  stating  that  it  was  "accidental death".  The appellant filed a private complaint before  the  JMFC  and  the Magistrate took cognizance of the case u/s 304A IPC and  issued  summons  to the respondents. The respondents  pproached  the  High  Court,  praying  for quashing the case pending before JMFC.   High Court allowed  the  application thereby  quashing  the  proceedings  initiated  against  respondents   under Section 304A IPC.   In this appeal, appellant assailed  the  correctness  of the said order.

The bench also comprising of Justices T.S.Thakur and Kurian Joseph observed that the view expressed by  the  High  Court that no offence under Section 304A IPC is made out was correct  and High Court rightly quashed the proceedings initiated before JMFC. It was noted that the state govt had already decided to pay Rs 1 lakh so in addition the respondents were instructed to pay Rs 1 lakh ordering :

As decided by the State Government, the  third  respondent-Stateof Kerala shall  pay  an  amount  of  Rs.1,00,000/-  from  Chief  Minister's Distress Relief Fund to the appellant.  Additionally,   the respondents  No. 1 & 2 shall pay a compensation of Rs.1,00,000/- to the  appellant  within  a period of four weeks from today.   With the above direction, this appeal  is disposed of.

Read the Judgment here.

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