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Author Topic: Incident during house renovation - Compensation due ? Who is liable ?  (Read 113 times)

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Offline neoshankar007

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Respected lawyers,

I seek your legal opinion on behalf of my father-in-law.

About 4 years back he undertook renovation work (re-tiling & painting) at his home.He engaged a services of a contractor/mistry (Mr.M)
No formal contract for the work was signed.
During re-tiling work,one of the workers (Mr.V) sustained non-fatal,injury to his neck.
The contractor and my father in law immediately took him to the hospital.He was later discharged.

I also understand :
1.Subsequently,Mr.M & Mr.V also went to the local police station and the case was closed.My father in law was not involved in this activity
2.Mr.V also demanded compensation from Mr.M and he has denied providing any compensation
3.Mr.V has started working as a cab driver

Subsequently,Mr.V along with 10-12 people later came to my father in laws house demanding compensation.
Out of goodwill,he paid Rs.1000/- (not as compensation).
He still kept hounding my father in law by creating ruckus in front of the house demanding compensation.

In the past one month :
1.My father in law got a call from local area revenue inspector stating court notice has been issued to him
2.Mr.V has started talking to my father in laws neighbors spreading false rumors and demanding a compensation of 6 lakhs

Questions :

1.Is Mr.V entitled to any compensation ?
As I understand,compensation is awarded in case of partial or complete disability which leads to inability to perform any economic activity/work

2.If compensation is due,how is the compensation amount calculated ?

3.If compensation is due,who is liable to pay ?
As I understand,its the employer (Mr.M) who is liable since it was Mr.M who employed Mr.V (not directly employed by my father in law) and paid him wages (establishing employer-employee relationship)

4.We have a feeling Mr.V is now desperate for money and fear he might take a drastic,fatal step and state the present situation as the cause.
What preemptive,legal step can we take to avoid liability that might arise out ?

5.We as a family as are also in a difficult state with my mother in law currently undergoing cancer treatment and I have a 7 month old kid.
This situation is causing us mental discomfort.
Can we take legal action can we take against Mr.V for mental harassment ?
(We are OK with the compensation case going to court and court settling the case (if any).But we are not OK with this hounding)

6.Why is my father in law receiving a call from local area revenue inspector ?
How is the revenue department linked ?


Thanking you for your help,
Shankar







Offline kalaskarkk

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Re: Incident during house renovation - Compensation due ? Who is liable ?
« Reply #1 on: November 12, 2018, 11:24:56 PM »
Dear Sir,

Normally the owner of the building is not suppose to pay compensation since he heard a professional contractor for renovation of the house. When any accident took place during renovation work the victim can claim compensation from the contractor who engaged him for the work and not from the owner of the building. If any civil case is filed for compensation on the above principle the Court will held that your father-in-law is not liable to pay compensation.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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