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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
U.P. State Power Corp. Ltd. – Appellant
Versus
Moh. Nisar Alias Bade Lalla – Respondent
| Table of Content |
|---|
| 1. compensation claims are based on negligence in maintaining electric lines. (Para 1 , 2 , 3 , 5) |
| 2. defendant denies claims and asserts lack of negligence. (Para 6 , 23) |
| 3. strict liability applies in cases of electrocution from high tension lines. (Para 22 , 30 , 32 , 36 , 50) |
| 4. negligence must be established for recovery in electric accident cases. (Para 28 , 29 , 33 , 34) |
| 5. trial court's compensation award is upheld. (Para 52 , 53) |
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal has been filed by the defendant-appellant UP State Power Corporation Limited under Section 96 C.P.C. against the impugned judgment and decree dated 28.11.2013 passed by M.A.C.T./Additional District Judge, Court No.1, Pilibhit in O.S. No.40 of 2009 (Mohd. Nisar @ Bade Lalla vs. U.P. State Power Corporation Limited), whereby for the injuries suffered by the plaintiff on 02.01.2007 when he was electrocuted from the high tension electricity line of the defendant, a compensation of Rs.3,87,500/- along with pendentelite and future interest @ 5% per annum has been awarded to the plaintiff.
Plaint Case
2. It is the case of the plaintiff that he is a labourer, who was earning about Rs.150/- per day a
In electrocution cases, strict liability applies, and the plaintiff must only prove injury from electrocution, not negligence of the electricity provider.
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.
The principle of strict liability applies to cases involving the negligence of the electricity department in maintaining electric lines, making the department absolutely liable to compensate the vict....
Electricity suppliers are strictly liable for injuries caused by their infrastructure, regardless of negligence, and must compensate victims for losses incurred.
The court held that the respondents' gross negligence in failing to provide safety measures around the transformer led to the electrocution of a minor, warranting compensation for the victim's injuri....
Electricity suppliers are strictly liable for injuries resulting from their installations, irrespective of negligence, highlighting the burden of proof rests with them in cases of electrocution.
The court confirmed that governmental entities can be held strictly liable for damages resulting from negligence in maintaining public safety regarding hazardous activities, including electricity sup....
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