NEW DELHI: A builder whose property in south Delhi collapsed leading to death of a labourer will have to face criminal prosecution, with the high court saying relief in cases of negligence sends a wrong message to society.
Justice Vipin Sanghi dismissed the plea filed by the builder who claimed that he has paid a hefty compensation to the victim’s family and settled the matter with the injured. The court said the police needs to examine if the fatal accident was a result of gross negligence and callousness on the part of the petitioner.
“In my view, quashing the FIR in question at this stage would certainly send a very wrong signal not only to the petitioner, but the whole society at large and particularly to other builders, contractors and other agencies engaged in undertaking construction work, that even if they are grossly negligent in taking preventive measures so as to prevent predictable accidents-which may lead to serious injury and even loss of life, they could get away by paying some compensation to the heirs of the injured/deceased,” HC observed while rejecting Bhajan Lal Sharma’s plea to end criminal proceedings.
The court said that if the builder gets relief at this stage, “such contractors/ builders/ agencies may find it more economical to risk the lives of their workforce.”
Credits ET Realty