IN THE HIGH COURT OF PUNJAB AND HARYANA
HARINDER SINGH SIDHU, J.
Chairman PSPCL and others - Appellants
Versus
DIA - Respondent
Regular Second Appeal No. 5163 of 2017
Decided On : 17-04-2018
S.P.S. Tinna, Adv.
Headnote:
Electricity Negligence - Compensation for Injuries - Indian Electricity Act, 1910, Rules 29, 44, 45, 46 and 91 of the Electricity Rules 1956 - The court discussed the negligence of the Corporation in not taking proper precautions to avoid the mishap, the duty of care cast against persons installing or managing inherently dangerous installation, and the duty to remove construction proximate to live wires. The court highlighted the statutory provisions and the duty of the Electricity Board to ensure safety of human beings, animals, and property. The court emphasized the principle of strict liability and the duty of the electricity authorities to take precautionary measures under the provisions of the Act. The court held the Corporation liable to pay compensation to the claimant irrespective of the fact that the harm could have been avoided by the consumer by taking precautionary measures.
Fact of the Case:
The plaintiff, a minor, sustained serious injuries after coming into contact with a live electric wire passing over the roof of her house. The plaintiff filed a suit for damages and compensation against the defendant-appellant (Corporation) alleging negligence in letting the 11000 volt wires lie close to the residential houses without proper protection. The defendant contended that the construction had been raised illegally without permission and that the Corporation was not responsible for the accident.
Finding of the Court:
The courts below decreed the suit of the plaintiff for damages and compensation, holding the Corporation liable to pay compensation. The Ld. Lower Appellate Court dismissed the appeal of the defendants and enhanced the compensation from Rs. 10 lakh to Rs. 20 lakh. The court found that the accident had occurred due to the negligence of the defendants in not taking proper precautions to avoid such a mishap.
Issues: The main issue was whether the Corporation was responsible for the accident and liable to pay compensation for the injuries sustained by the plaintiff.
Ratio Decidendi: The court emphasized the duty of care cast against persons installing or managing inherently dangerous installation and the duty to remove construction proximate to live wires. The court highlighted the principle of strict liability and the duty of the electricity authorities to take precautionary measures under the provisions of the Act. The court held the Corporation liable to pay compensation to the claimant irrespective of the fact that the harm could have been avoided by the consumer by taking precautionary measures.
Final Decision: The court dismissed the appeal and upheld the decision of the courts below, holding the Corporation liable to pay compensation to the plaintiff for the injuries sustained.
Harinder Singh Sidhu, J.
1. This regular second appeal has been filed against the decision of the courts below, whereby, the suit of the plaintiff-respondent for damages and compensation has been decreed.
2. The plaintiff who is a minor had filed a suit through her father/natural guardian for damages and compensation against the defendant-appellant (Corporation). The case set up in the plaint was that on 2.7.2011 the plaintiff (who was about three years old then) came in contact with a wire on the parapet wall of the roof of her house through which 11000 voltage current was flowing because of which she suffered serious injuries. She was admitted to Amandeep Hospital, Amritsar where she underwent multiple surgeries including of the abdomen, the toe of her right foot etc. Her right hand was amputated at mid-palm level. A lot of expense was incurred for her treatment. It was pleaded in the suit that earlier also a number of persons had sustained injuries on account of the negligent action of the Corporation in letting the 11000 volt wires lie close to the residential houses without proper protection and the repeated requests of the residents to the Corporation authorities to remove them had yielded no result. The tragic incident led to a hue and cry. It was reported in the press compelling the defendants to sanction an amount of Rs. 70,000/- as compensation to the plaintiff in August 2013.
3. The case of the Corporation was that the electric lines had been installed much earlier and the construction had been raised later illegally without permission. Further, the SDO of the department had vide its memo No.449 dated 9.3.2005 requested the father of the plaintiff to remove the construction raised by him near the LT lines as any mishap could occur. He was also warned by this letter that in case he failed to remove the construction from near the LT line, the Corporation would not be responsible for any accident. Accordingly, contending that the house had been constructed after the laying of the electric lines and that the construction had not been removed despite a request warning him about the dangers, it was contended that the Corporation was in no way responsible for the accident and was not liable to pay any compensation or damages.
4. To prove the injuries and the treatment, the plaintiff examined Ramesh Chopra, Manager Blood Bank Adlakha Hospital, Amritsar as PW1 who deposed regarding the blood given from the blood bank for the treatment of the plaintiff. Dr. Ravi Mahajan HoD Plastic Surgery, Amandeep Hospital, Amritsar (PW2) deposed regarding the treatment of the plaintiff for electric burn injuries. He stated that the plaintiff had been admitted initially on 2.7.2011. She was again admitted on 31.7.2011 and discharged on 30.8.2011. She was once again admitted on 1.4.2013 and discharged on 26.4.2013. He proved the medical treatment record. The medical bills were proved by PW3 Lakhbir Singh of Apollo Pharmacy, Amandeep Hosptial, Amritsar. Dharam Singh Assistant Professor, Ortho Department, Guru Nanak Dev Hospital, Amritsar proved her disability certificate Ex. PW5/1 as per which her disability is 55%. PW6 ASI Janak Raj proved the inquiry report Ex. PW6/1 regarding the incident. In the inquiry, it was found that in the vicinity of Preet Nagar, 11000 voltage electric wires were crossing. The street is narrow. On 2.11.2011 when the father of the plaintiff was not at home, the plaintiff Dia who was about 3 years of age was playing on the roof of her house. Suddenly, her hand came in contact with electric wire and she sustained burn injuries. She remained admitted in Amandeep Hospital, Amritsar. Due to the injuries her right hand had to be amputated. The left hand is also not working properly. She also received burn injuries on her stomach. One toe of her right foot is also not working properly.
5. In order to prove its case, the defendant had examined Dinesh Gupta SDO, Technical, PSPCL East Sub Division, Batala Road, Amritsar