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VINOD S. BHARDWAJ
Aarti @ Arti – Appellant
Versus
State of Haryana – Respondent
VINOD S. BHARDWAJ, J.
1. Challenge in the present petition is to the award dated 21.08.2023 passed by the Permanent Lok Adalat (Public Utility Services), Camp Court at Narnaul.
2. Learned counsel appearing for the petitioners contends that an application under Section 22 C of the Legal Services Authorities Act, 1987 had been submitted by the petitioners for seeking compensation on account of death of Vikas Kumar on 25.04.2018 due to electrocution. The deceased was serving in Indian Army for 9 years and was getting salary @ Rs.45,000/- per month. It is averred that there was a passage in front of the residential house of the deceased and the respondents had erected poles of ordinary height to supply electricity in the said passage. Since the transmissions lines had not been laid in accordance with the prescribed height as per the regulations, it exposed people to undue danger. On the fateful day i.e. on 25.04.2018 Vikas Kumar was on his roof to bring down the domestic articles and other type of luggage. However, a loose wire of the distribution licensee swung due to air/wind current and as a result thereof the deceased came in direct contact with live wire and was electrocuted. He was
The main legal point established in the judgment is that the application under Section 22 C of the Legal Services Authorities Act, 1987 was not maintainable for claiming compensation for electrocutio....
The court established that compensation claims for electrocution are not within the jurisdiction of the Permanent Lok Adalat as they do not concern the supply of electricity.
The court emphasized the application of strict liability in electrocution cases, shifting the burden of proof from fault to inherent risk.
The Permanent Lok Adalat lacks jurisdiction to adjudicate compensation claims for death or injury due to electrocution, deeming them tortious disputes requiring civil trial.
The main legal point established in the judgment is the court's authority to deem an award null and void if passed without proper authority and jurisdiction, and the application of the Electricity Ac....
The main legal point established in the judgment is the liability of the electricity company under the Electricity Act, 2003 for negligence leading to a fatal accident and the entitlement of the depe....
Electricity providers are strictly liable for accidents caused by negligence in maintaining infrastructure, with compensation calculated based on the deceased's earnings and family dependency.
Electricity suppliers are strictly liable for injuries caused by their infrastructure, regardless of negligence, and must compensate victims for losses incurred.
The court can award interim compensation for injury due to electrocution under public law jurisdiction; full compensation requires evidentiary assessment in a competent court.
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