Contractor gets 3 months rigorous imprisonment for painter’s death in Mumbai | Mumbai News


MUMBAI: In a rare instance, a 38-year-old Sewri contractor was convicted and sentenced to three months’ rigorous imprisonment after a painter working in a Worli high-rise fell to his death from the 12th floor while engaging in external work in 2014.
Holding Nitin Palkar guilty of causing death by negligence, metropolitan magistrate Suhas P Bhosale recently said, “…it was for the accused to provide all necessary safety equipment to the worker. But it is clear from the evidence that he had omitted to provide those equipment. This omission shows his rash and negligent act. There is evidence to show that it was due to the omission of the accused that the deceased, Vaibhavkumar Bharti, had died.”
The magistrate further said as an employer of the deceased, it was his responsibility to take care of the safety of his workers. “This responsibility extends not only during duty hours but even thereafter until the worker leaves the place of work. Therefore, considering facts of the case it would not be proper to show too much leniency to the accused,” the magistrate said.
The maximum sentence under the charge is two years’ imprisonment.
The accused was also fined Rs 10,000. “The family of the deceased has lost their earning member. Their pain and sufferings due to the incident cannot be ignored. It is true that everything cannot be set right at this moment to that family. But payment of compensation to victims, ie, dependents of deceased Vaibhavkumar Bharti would certainly give relief to them to some extent,” the magistrate said. Punishment prescribed for this offence is imprisonment of either description for a term up to two years or with fine or with both.
Fourteen witnesses deposed during trial. The tragedy took place on November 25, 2014.


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