Indian Kanoon - Search engine for Indian Law

4. Learned Senior counsel, Sri. Murthy D. Naik, would submit that it was an accident that took place in Grand Mercure Hotel while servicing the heat pumps by a Service Engineer, a report was also sought from the hands of one SSS Consultants with regard to accident. The report opined that it was an accident that has happened due to human error and therefore, the petitioners cannot be hauled into these proceedings particularly for offence punishable under 304A of the IPC.

7. Learned HCGP would however contend that it is a matter of trial for the petitioners to come out clean as the AIR 1965 SC 1616 (1972) 3 SCC 525 (2013) 15 SCC 481 negligent act of the petitioners have lead to the death of their Service Engineer at Grand Mercure Hotel and would seek dismissal of the petition.

8. I have given my anxious consideration to the respective submissions made by the learned counsel and perused the material on record.

9. The afore-narrated facts are not in dispute. The agreement between M/s. KEHEMS Technologies Pvt. Ltd. And Grand Mercure Hotel was with regard to the contract of maintenance of heat pumps. A complaint by Grand Mercure Hotel results in the death of the deceased, who was working as a Service Engineer going to hotel to attend to the complaint, at that point in time, the blast happens due to human error. The report with regard to the accident also indicates that it was due to a human error. Paragraph 5 of the report, which is germane, reads as follows:

"PARAGRAPH No.5: My observation is that the top-up of the system (gas charging) has been done using the above referred cylinder by human error. The refrigerant gas inside the heat pump unit is R-410a. When these two gases mix, the pressure level will go up instantaneously and the compressor is likely to burst mechanically."

10. Petitioner No.1 is a Manager of M/s. KEHEMS Technologies Pvt. Ltd and petitioner No.2 is the Factory Manager managing the unit at Indore, Madhya pradesh. They are hauled into these proceedings for offences punishable under Section 304A of the IPC. Section 304A of the IPC, reads as follows:

11. The allegation in the complaint and the opinion is that it has occurred due to a human error, as a result of mixture of two gases and the pressure level going up immediately, for the act at Grand Mercure Hotel, the petitioners, who are employees of M/s. KEHEMS Technologies Pvt. Ltd, who had entered into such agreement cannot be held responsible either for rash or negligent act, which are the necessary ingredients for an offence to become punishable under Section 304A of the IPC. The law in this regard is settled by line of judgments rendered by the Apex Court and that of this Court. The Apex Court in the case of KURBAN HUSSEIN MOHAMEDALLI RANGAWALLA V. STATE OF MAHARASHTRA4 , has held as follows: