The , in a significant ruling, has affirmed the authority of the to grant additional compensation to victims of human rights violations, even when some initial damages have been provided under other legal provisions. The decision, delivered by a Division Bench comprising Justice Shekhar B. Saraf and Justice Amitabh Kumar Rai, dismissed a filed by and the Chief Engineer (Electrical), who had challenged an order directing them to pay an additional ₹10 lakh to a victim of electrocution.
The incident at the center of the legal dispute dates back to , when the victim suffered severe electrocution due to the failure of the to maintain safe transmission infrastructure. Although the victim sought compensation shortly after the event, the distribution company engaged in a delayed and fragmented payment process. A sum of ₹65,000 was disbursed to the victim’s father in , followed by a payment of ₹1 lakh directly to the victim on . In the interim, the victim approached the in , seeking a more comprehensive evaluation of the losses and suffering caused by the accident. Following its inquiry, the Commission found that the initial payments were insufficient and ordered the to pay a further ₹10 lakh in .
Challenging this directive, the moved the , invoking . Counsel for the petitioners argued that the complaint was barred by the law of , asserting that the underlying incident occurred in while the grievance was brought to the commission in . The petitioners sought to emphasize that the passage of more than a decade rendered the claim stale and beyond the commission's jurisdiction to adjudicate.
The rejected these arguments, grounding its analysis in the . Justice Saraf and Justice Rai emphasized that the obligation of the utility provider to ensure public safety and provide adequate redress for negligence constitutes an ongoing duty. As long as the harm caused by the incident persisted and the victims remained uncompensated to a standard commensurate with their loss, the violation of their human rights continued. The Court pointedly noted that the payment of ₹1 lakh made by the corporation after the filing of the complaint served as a factual acknowledgment of the ongoing nature of the grievance.
Reflecting on the constitutional and statutory responsibilities of public entities, the bench articulated the clear expectation placed upon power companies.
"It is the
of the
to maintain the transmission lines in such a manner that the lives of people are not exposed to dangers and threats arising from such transmission lines,"
the court observed. When public officials fail in this duty, the resulting harm is not merely a localized
, but a fundamental violation of human rights that demands institutional intervention.
Furthermore, the Court clarified the legislative intent behind the 1993 Act, which was enacted specifically because existing mechanisms were found inadequate to protect citizens from systemic negligence by autonomous or statutory bodies. The judiciary held that the Commission’s powers under are expansive and intended to operate as a robust safeguard for human rights. The Court found that these powers are not restricted by existing civil liability laws or specific state-level regulations.
Addressing the argument that the prior payments should act as a bar to further relief, the Bench firmly clarified that the power of the commission is not constrained by previous partial settlements.
"The power of the Commission under
is in addition to any other provisions covering the subject matter and not in derogation of any other provisions of law,"
the court ruled. This distinction ensures that victims are not left with arbitrary or insufficient compensation merely because a public body decided to make a delayed, minimal payment. The Court further observed that the commission’s ability to assess the magnitude of a violation is entirely independent of any financial hurdles or previous installments paid by the entity responsible for the negligence.
The ruling also underscored the application of , to the proceedings. By acknowledging the claim through subsequent payments, the essentially reset the clock on arguments, and the characterization of the harm as a continuing breach meant that the commission remained well within its legal authority to provide relief.
The concluded that the was fortunate that the commission had not imposed additional interest for the extreme delay in providing compensation, which should have been disbursed immediately following the incident in . The decision effectively reinforces the role of human rights commissions as proactive protectors of citizen welfare, affirming that public bodies cannot hide behind technicalities of when their negligence has inflicted long-term suffering. By dismissing the , the Court has finalized the mandate for the payment of the additional ₹10 lakh, ensuring that the victim receives a more equitable recovery for the damages sustained through the corporation’s failure to maintain safe electrical infrastructure. The matter now rests with the authorities to ensure the prompt execution of this directive, concluding a long-standing struggle for justice for the victim.
statutory negligence - continuing breach