Road construction contractor is liable for criminal negligence for fatal accident due to absence of road signs: M.P. HC

Road construction contractor is liable for criminal negligence for fatal accident due to absence of road signs

Madhya Pradesh High Court, in P.D. Agrawal vs. The State of Madhya Pradesh (MCC No. 445/2007) On July 23, 2024 rejected the contractor’s petition to quash criminal charges under Sections 304 and 34 of the Indian Penal Code. The Court observed that the contractor’s company had egregiously failed to place safety signs or flags during road construction, resulting in a fatal accident. The Court noted that the lack of safety signage on either side of a culvert led to the commuter’s fatal fall into a ditch. The Court stated that this failure constituted a serious breach of safety duties, justifying the criminal charges against the contractor for the resulting death.

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