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1995 Supreme(Ori) 279
IN THE HIGH COURT OF ORISSA
P.C. Naik, A. Pasayat, JJ.
RAJANI DEI - APPELLANT
Versus
CHAIRMAN, ORISSA STATE ELECTRICITY BOARD AND OTHERS - RESPONDENT
O.J.C. No. 3353 of 1994
Decided On : 20-09-1995
A.S. Naidu, P.K. Mohanty, A.K. Rath, D.K. Ray and S.P. Choudhury, for the Appellant; G. Rath, B.R. Sarangi and B. Mohanty, for the Respondent
Electricity boards are required to take special precautions in the operations connected with the transmission of energy through overhead lines, and they are liable for negligence in maintaining such lines.
Headnote:
NEGLIGENCE - ELECTRICITY BOARD - LIABILITY - DEATH DUE TO ELECTROcution - COMPENSATION.
Fact of the Case:
Bhagata Mallik, a farmer, was electrocuted when an overhead electric wire snapped and came in contact with him while he was working on his agricultural land. The widow of the deceased filed a petition claiming compensation from the Orissa State Electricity Board (Board).
Finding of the Court:
The court found that the Board was negligent in maintaining the overhead lines, as the conductor slipped from the pin insulator due to improper construction and maintenance. The court also held that the Board failed to take necessary precautions against the danger of overhead lines snapping and falling on the ground.
Issues: 1. Whether the Board was negligent in maintaining the overhead lines? 2. Whether the Board was liable for the death of the deceased due to electrocution?
Ratio Decidendi: 1. The court held that the Board was negligent in maintaining the overhead lines, as the conductor slipped from the pin insulator due to improper construction and maintenance. 2. The court held that the Board was liable for the death of the deceased due to electrocution, as the Board failed to take necessary precautions against the danger of overhead lines snapping and falling on the ground.
Final Decision: The court directed the Board to pay a compensation of Rs. 50,000/- to the petitioner, the widow of the deceased.
JUDGMENT :
A. Pasayat, J. - It is ironic in a State where power cuts and power failures are usual features, one Bhagata Mallik (hereinafter referred to as 'deceased') lost his life on account of electrocution. This application has been filed by Rajani Dei, unfortunate widow of the deceased, claiming compensation from the Orissa State Electricity Board (hereinafter referred to as 'Board').
2. Background facts, almost undisputed, are as follow:
On 21.5.1992, in the evening, the deceased was cultivating his agricultural lands at a distance of about half furlong to the southern side of Japa-Iribina main road. Suddenly an overhead electric wire snapped and came in contact with him resulting in his instantaneous death. An U.D. case was registered in Ersama Police Station. The Officer-in-charge of Ersama Police Station visited the spot, found the dead body of the deceased lying on the land and a live 11 K.V. electric line hanging over the land. Inquest could not be conducted immediately due to the dangerous position of the live wire, and on his request live line was disconnected by the officials of the Board. Thereafter inquest was held, and final report was submitted on 30.5.1992. Post-mortem report indicated death due to extensive burn produced by high voltage electricity resulting in cardiac arrest and shock. It is petitioner's case that on account of negligence of the Board authorities, which is duty-bound to maintain poles and lines in order, deceased lost his life. This court has been moved for a direction to the Board and its functionaries to grant compensation of Rs. 3,00,000/-.
3. In the counter-affidavit filed by the Board and its functionaries, it has been stated that because of high speed wind and stormy weather one 11 K.V. conductor slipped from the pin-binding and was hanging loose. Consequently, the live line wire of 11 K.V. line which runs from Japa to Dhobei was hanging at a ground clearance of 5 ft. and on 21.5.1992 at about 6 p.m. the deceased came in contact with such live line wire and got electrocuted. It is pleaded that there was no negligence and though maintenance was done in a proper manner, due to act of God the conductor slipped from the pin-binding and was sagging at a ground clearance of 5 feet. Rejoinder affidavit by the petitioner was filed enclosing certain documents, and an additional affidavit has also been filed enclosing a report of the Chief Electrical Inspector addressed to the Principal Secretary of the Government regarding fatal electric accident resulting in the death of the deceased. Findings recorded by him are as follow:
(a) Departmental enquiry report and the accident report (in Annexure XIII) were not available. These should have been submitted within three days or 45 hours respectively of occurrence of the accident as per 'Safety Manual' of the Board and Rule 44-A of the Indian Electrical Rules, 1956.
(b) There has been serious violation of Rule 29 and the quality of work was very poor; otherwise, the conductor would not have slipped from the pin insulator.
(c) Slipping of conductor from the pin insulator is thus due to improper construction and maintenance.
(d) The supervisory staff are responsible for the accident.
Certain suggestions have also been given in the report to provide for preventive measures:
(i) Pre-monsoon checking should be taken up for all overhead lines, so that no conductor snaps or slips from pin-binding easily.
(ii) Overhead lines should not come in contact with branch of any tree in their routes.
(iii) The field engineers should ensure that an adequate ground clearance is maintained for all overhead conductors as per provisions of Indian Electrical Rules.
(iv) Wide publicity should be made by the Board to create awareness amongst public about the danger of loose hanging wire.
4. Though S.D.O. (Electrical), Tirtol, was examined by the Chief Engineer (Rural Engineering and Distribution), O.S.E.B., Bhubaneswar and agreed to accept reply, recommended that field and supervisory staf
