Boy who fell on iron rod in nullah, dies; cops arrest contractor

Vivek Ghadassi was giving the SSC exam

A 15-year-old boy, who was on ventilator support since March 5 at KEM hospital, after he allegedly lost control over his bicycle and fell on an iron rod that went straight into his left eye, was declared dead around 3.30 pm on Wednesday. mid-day had on March 9 reported about the accident that had horribly injured Vivek Ghadassi, after alleged negligence on the part of the civic contractor. Soon after the report was published, both, the Ghatkopar police and BMC's N ward staff, started an inquiry in the case.

Vivek's father, Anand Ghadassi, 53, a painter who earns R600 a day, had blamed the civic contractor for not having put up barricades before beginning construction on the nullah where he met with the accident.

The Ghatkopar police recorded the statement of Vivek's uncle, Vinay Ghadassi, and prima facie found the contractor to be negligent.

The under-construction nullah where the accident took place

They had registered an FIR against the contractor under section 338 (Causing grievous hurt by act endangering life or personal safety of others) of the Indian Penal Code on March 9, and arrested him. He was released after being produced before a court. Now, additional charges will be levelled against the contractor.

Vivek had given the first paper in the SSC examination on March 4 (Marathi language). On March 5 he was returning from school when the accident took place at a nullah construction site, near his house.

'Contractor is responsible'
His heartbroken uncle, Vinay Ghadassi, 43, whose statement has been recorded by the police said, "Vivek never came out of the comatose state, his condition only worsened with every passing day. The KEM doctors did everything possible to keep him alive, but they could not even operate on him, as his parameters were not supporting."

He added, "We were hopeful when he moved his hands and limbs at one time, and prayed for a miracle to get him back. The iron rod not only pierced and damaged his left eye, but also impacted his brain badly."

He added further, "I have told the police that there were no barricades at the construction site and that the contractor was responsible for the incident. We are waiting for the police to complete the panchnama and then we will get the body sent for postmortem. The parents are heartbroken and are awaiting justice."

A senior KEM hospital doctor said Vivek breathed his last at 3.30 pm on Wednesday, and as it is a medico legal case, they will send the body for postmortem to ascertain the exact cause of death.

'More charges against accused'
The Ghatkopar police had arrested the civic contractor, who was later released by the court. "We had carried out the preliminary investigation and recorded the statements of concerned people and locals. CCTV camera footage of the area was examined, accordingly we arrested the contractor who was identified as Ketan Trivedi, a resident of Borivli. He was arrested under Section 338 (Causing grievous hurt by act endangering life or personal safety of others) of IPC on Saturday. We will now add additional charges against the accused," said Sub-Inspector Anil Bangar, the investigating police officer from Ghatkopar police station.

Assistant Commissioner of Police (Ghatkopar division) Kundalik Nigade said, "We have to consult the public prosecutor to decide on the charges that can be levelled against the contractor post the demise of the victim. We have also asked for certain papers/files from BMC's N ward, pertaining to the contract allocated, and to whom. We will probe the case from all angles."

ACP Nigade claimed locals had told them that Vivek's bicycle did not have brakes. The police have seized it and will check this. "We are also studying the CCTV grabs to find how the accident happened," ACP Nigade said.

BMC speak
Ajitkumar Ambi, assistant commissioner (N ward) BMC, said, "I visited the location and even directed my officers to carry out a proper inquiry into the incident. The problem is with the topography of the location where the accident happened. It is connected to roads from two to three different directions. Also due to congestion, people complain that barricades when put up, are moved away, as it causes inconvenience to pedestrians."

Ambi added, "To avoid such incidents in future, I have directed staff in N and S wards to be more cautious in places where we have a similar topography issue. Also the local police and traffic police should be roped in for traffic and pedestrian movement in such places." When asked if the construction of the nullah was still in progress, Ambi said, "The work was on the verge of completion when the incident happened. I presume it might be completed now. The road used to get flooded with drainage water and therefore a concrete nullah was constructed to prevent public inconvenience."

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