FAMILY members of a worksite accident victim have been dealt a blow after the High Civil Court dismissed their case owing to a technicality.
The 28-year-old Indian mason died after falling from the third floor of his worksite in Manama in July 2009.
The Labour Ministry which ordered a probe into the incident said the temporary lift used by the victim to transport building materials failed, leading to his fatal fall.
It held three people – a 67-year-old supervisor and two other construction officials – responsible for the tragedy.
In 2012, family members of the victim – the wife, 37, daughter, 15, father, 74 and mother, 64 – filed a civil suit against the 67-year-old and sought BD40,000 compensation for the death as well as psychological damages caused by the ordeal.
According to lawyer Mohammed Al Othman, the plaintiffs also demanded an extra 10 per cent interest on the sum.
However, as the criminal trial was ongoing, the High Civil Court suspended the compensation claim pending a verdict.
The 67-year-old defendant was later charged with violating labour law and two counts of wrongful death.
In 2014, he was sentenced to a month in prison and granted a BD100 bond. He appealed against the verdict in 2016 and was acquitted of all charges.
The plaintiffs, however, failed to resubmit the compensation claim after the 2014 ruling, only managing to do so in 2021, Mr Othman said.
By then five years had lapsed since the judgement and the family was no longer eligible to seek damages according to the law.
Mr Al Othman added that the plaintiffs were also obligated to pay the fees incurred by the defendant in the case, including his judicial expenses.
“Attention should be paid to legal periods stipulated by the law, especially with regard to civil liability and compensation for damages, be it physical or psychological,” he said.
The plaintiffs, however, have a chance to appeal the High Civil Court’s verdict.
The Labour Ministry report published in 2009 noted three labour code violations which led to the man’s death.
“After inspecting the worksite and investigating the incident, the ministry concludes that the death was caused due to and during the construction work,” the report said.
“He fell to his death while operating a temporary lift that was not fastened adequately to the rooftop. The bricks securing it were removed the day before to install waterproofing materials.
“Health and safety procedures were disregarded, appropriate supervision was lacking and the man was not made aware of the risk he was taking while using the lift.”
The coroner’s report listed ‘falling from a height’ as the cause of death, adding that ‘trauma against a solid surface’ caused ‘bleeding and multiple fractures.’
According to Mr Al Othman, the company denied causing the death and said the deceased did not take safety measures required of him and fell as a result.
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