Delhi HC Directs Engineer Supervising Construction Work To Contribute Educational Expenses Of Child Injured In On-Site Accident, Allows Compromise

The Delhi High Court recently directed a site engineer, supervising an ongoing construction work, to contribute towards educational expenses of a child who was injured after a board present at the site fell on him.

The direction will remain in effect till the child clears 10th standard. The minor child is presently in 3rd standard.

The FIR was registered under sec. 283 and 338 of the Indian Penal Code by father of the minor child alleging negligence on the part of the Petitioner-engineer, who was employed with a private construction company.

The engineer therefore approached the High Court seeking quashing of the FIR on the ground that the dispute was amicably settled between the parties.

While quashing the FIR, Justice Swarana Kanta Sharma directed thus:

"The child is stated to be studying in 3rd standard. The applicant is directed to pay a sum of Rs. 1500/- per month towards the educational expenses of the child till he clears his 10th class examination. Subject to his continuing his studies, it is expected that the father will ensure that the child does not discontinue studies."

The Court also directed father of the minor injured to open an account in the name of the child wherein the amount will be transferred directly.

"In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them, it would be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question," the Court ordered.

The plea was accordingly disposed of.

Case Title: MAN SINGH v. THE STATE NCT OF DELHI & ANR.

Citation: 2022 LiveLaw (Del) 772

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