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A. P. SAHI, INDER JIT SINGH
Lakshmaiah – Appellant
Versus
Man Singh – Respondent
ORDER
A.P. Sahi, President.—This is an unfortunate case pertaining to the loss of life of the complainant’s son who was a bright student and was undertaking coaching classes for the Civil Services. For his stay and studies, he had rented an accommodation which he was sharing with two of his friends. The accommodation had an air-conditioner installed in it which needed repairing and servicing for which the services were availed of and while the air-conditioner was being serviced, a blast occurred as a result whereof the complainant’s son and one of the repairing mechanics suffered serious burn injuries and both of them expired. According to the narrative, there were two mechanics and the other one also suffered injuries but he survived.
2. The surviving mechanic Sanjay Kumar son of Amarjeet Singh gave a statement to the police on the date of the incident i.e. 30.04.2014 while in hospital in an injured state and the said statement was converted into an FIR lodged at Police Station Kirti Nagar, District West Delhi.
3. The complainant who is the father of the deceased student L. Santosh, filed this complaint alleging negligence on the part of the repairing mechanics and also made alleg
Vicarious Liability – Question of vicarious liability is a mixed question of fact & Law.
The court established that an employer-employee relationship must exist for liability under the Workmen Compensation Act, and negligence can lead to tort liability even without such a relationship.
An employer can be held vicariously liable for an employee's intentional wrongdoing if closely connected to their employment; contributory negligence is not a defense in fraud cases.
Principal employers cannot evade liability for employee compensation under statutory provisions, despite contractual exemptions, as the rights of workmen supersede such agreements.
Liability for damages under the Fatal Accidents Act requires proof of negligence, which was established as brake failure in this case, resulting in dismissing the appeal.
The central legal point established in the judgment is the application of strict liability and the doctrine of 'res ipsa loquitur' to hold the Defendants liable for compensation due to the foreseeabl....
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