Builders and building owners may soon be made to face criminal action and pay compensation for any mishaps causing injuries to the labourers working at construction sites. So far, the contractors who are engaged for the work have been held responsible for any injuries or death. But the Delhi High Court has raised the issue of the responsibility of the owners and builders, following the death of a construction worker in an accident at a building site in September. Paramlal, 28, received serious injuries during a mishap during the construction of a residence in Vasant Kunj. He had not been using any protective gear. He succumbed to his injuries four days later and an FIR was lodged against the petty contractor for causing death due to negligence. The contractor offered a “settlement” of Rs 2 lakh to Paramlal’s wife and mother and filed a plea before the Delhi High Court to quash the FIR. The court of Justice J R Midha, however, took up the issue of liability for the death, asking the police to explain why the builder and the owner of the building had not been made liable and named as accused in the FIR. The court, in an order issued on December 24, noted that it was “the primary duty of the owner of the building and the builder to take all safeguards to ensure that no injury is caused to any labour”. The court noted that the petty contractors failed to pay proper compensation to victims, claiming they did not have the ability under law to give compensation. In Paramlal’s case, the court observed that the compensation payable to his family, calculated according to his age and earning capacity was over Rs 17 lakh. The petty contractor, however, told the court that he was incapable of paying such a huge sum. The court has in its order issued on January 9 directed the owner of the building and the builder to pay Rs 4 lakh each as compensation to Paramlal’s family, with the contractor paying Rs 2 lakh. A further Rs 1 lakh would be paid by the hospital where the deceased was taken, as the hospital had charged the patient for treatment, despite the fact that he belonged to the EWS category. The Delhi state Legal Aid Services Authority has been asked to consider paying further compensation. The court also expressed its surprise that the builder had been initially named in the FIR but then cleared of all charges. It directed the police to submit the data on the number of pending cases of death of construction workers/labourers registered under Section 304A IPC and whether the owner and builder of the building were being prosecuted at all. The Labour Welfare Department of the Delhi government has also been directed to submit data on the policies regarding welfare of workers and the possible steps that can be taken to provide compensation and aid to such poor persons.
