No Relief even after 4 years of Accidental Death of Construction Worker

No Relief even after 4 years of Accidental Death of Construction Worker

Udupi: This is a shocking and tragic case of accidental death of a construction worker at the construction site. Now his family has been denied and deprived of any relief from any source.

Briefing the media persons Dr Ravindranath Shanbhag, HRPF, Udupi said that Even though there is a scheme for payment of rupees two lakhs as a relief to the family of the bereaved, no relief whatsoever was given in this specific case due to the ignorance of the law and the government relief schemes. It is a matter of great urgency to bring about public awareness of the possibilities of assistance to the hapless victims.

Background of the Victim

A youth hardly 25-years-old Srikanth, coming from a poor family from Kanchinadka village near Padubidri and without fatherly support grew up in utter poverty. He had to discontinue his education at the primary level at the tender age of twelve due to the untimely and early demise of his father. He worked in some hotel in Bangalore, to take care of his mother Appi and two ailing sisters. After a decade or so of struggle working in hotels far away in Bangalore, he returned to his native place and started working as a construction worker on daily wages with one Construction Contractor, Keshava Sapaliga. He also married a girl named Monica of Hejamadi.

The Day of the Tragedy

On the disastrous day of 10-3-2013, more than 4 and a half years ago, Shrikant, who had gone to work at a construction project at Panjimar, near Shirva, did not return home. The roof of a building, being constructed under the supervision of Keshava Sapaliga, had collapsed and crushed Srikant to an untimely death. Even though efforts were made to take him to a nearby hospital, he breathed his last on the way to the hospital. The only source of succor to the hapless lot was lost forever. The family of four dependants literally came on the streets.

Struggle to obtain some Modicum of Relief

The family with no education and any kind of worthwhile guidance made efforts to find out the possibilities of assistance and help. They contacted a Lawyer and made enquiries for some help from the Contractor or some other source. The Lawyer advised that since the death occurred when he was on duty, at the construction site, they may get compensation from the Contractor and also the Karnataka Building and other Construction Workers Welfare Board. He advised that an application for Ex Gratia Compensation may be made.

The school certificates and the death certificate of the deceased Srikant were handed to the Lawyer and he assured to file the petition for obtaining compensation and relief from the Contractor and the Labour Officer and also to file a case if necessary, for compensation. Necessary applications were prepared and necessary signatures were appended on the same. The Lawyer also assured that he would assist the Public Prosecutor in a criminal case under Section 304 of IPC.

Only Assurances

Years rolled one after the other, but no compensation whatsoever. All that they could achieve was several visits to the Lawyers office.

Approach to Human Rights Protection Foundation Udupi

When absolutely no relief of whatsoever nature was anywhere at sight, even after four long years of the sad demise of Srikanth, the hapless mother Appi contacted our office to know whether anything was ever possible. The meeting ended more in emotional and sentimental tearful outbursts rather than the narration of the bare details. One can and should understand the grievous tales from the mother losing her only bread earner. But where is any succour?

When inquiries were made in the Office of the Labour Officer Udupi, in the month of August 2017, it was a matter of shock for us to know that there was no pending case against the Contractor nor any case had even been registered. Also the name of the worthy(?) contractor, Keshava Sapaliga was not there on the list of Registered Construction Contractors.

When the deceased Srikant’s family visited the office of the concerned Lawyer, he washed off his hands by handing over the whole file and requesting them to engage some other lawyer for the purpose.

In case of any mishap in the construction stage of any building, there is a provision of compensation to the family of the deceased for payment of EX GRATIA of Rs two lakhs. But for getting this compensation, the concerned Contractor has to get himself registered and also register the names of the workers under him with the Karnataka Building and other Construction Workers Welfare Board. If the names of the contractor and the workers are not registered, such ex gratia, cannot be paid. In the instant case, there was neither registration of the Contractor nor his labourers.

The only other relief possible is the payment of a sum of Rs 50,000 also called Ex Gratia to the family of the deceased. The Learned Lawyer had obtained the signature of the relatives of Late Srikanth to this application too but had no time to submit this application in the process not one rupee of the compensation reached the miserable relatives of late Srikanth.

Every possible effort shall be made by this foundation to get any and every possible assistance to the bereaved family and get justice to the maximum extent.

The uneducated poor and uninformed must be made aware of this provision for getting this relief in their hour of suffering and distress.