A local court has ordered a compensation of over ₹22.4 lakh to the family of an IDBI bank peon who died due to an accidental gunshot fired by a security guard in 2008. The court held the security guard, the bank, and the security agency equally responsible for negligence leading to the tragic incident.
District Judge Naresh Kumar Laka delivered the verdict while hearing a compensation suit filed by the family members of Chander Dev, the 49-year-old deceased bank employee. The incident took place on February 18, 2008, when the security guard allegedly mishandled his firearm, leading to an accidental discharge that fatally injured Dev.
In the judgment dated March 24, the court stated, “It is alleged that the incident occurred due to the negligence of Defendant No. 2 (the security guard), who was appointed by Defendant No. 1 (the bank). Defendant No. 1 failed to check the condition of the firearm over time, making Defendants 1, 2, and 3 (the security agency) jointly and vicariously liable to pay ₹20 lakh in compensation, along with interest, to the plaintiffs.”
Court Rejects Guard’s Defense
The security guard had claimed there was no negligence on his part and that the weapon accidentally discharged while he was unloading a cartridge. However, the court dismissed this argument, stating, “The gun in question cannot fire on its own. The incident was due to the negligent act of Defendant No. 2, which cannot be excused as a mere accident or mistake. Furthermore, as a gunman, he was responsible for taking all necessary precautions while handling his firearm.”
The court further noted that the security guard was deployed at IDBI Bank by the security agency, making all three defendants equally responsible for their negligence. “Defendants 1 to 3 are equally liable for their individual as well as combined act of negligence and in terms of strict liability. Therefore, all the defendants are liable to compensate the plaintiffs in the ratio of 33.33% each,” the judgment read.
Compensation Details
The court calculated the total compensation to be over ₹22.4 lakh, with an additional nine percent interest. It directed that the payment must be made within 30 days.
This ruling emphasizes the importance of accountability in handling firearms and the duty of banks and security agencies to ensure proper firearm safety measures to prevent such tragic incidents in the future.
Sources By Agencies