Petitioner’s wife died on 23.10.2010 when she came in contact with live wire. Petitioner submitted an application seeking compensation on 25.10.2010. He was paid a meager sum of Rs.25,000/-.

2. The case of the petitioner, in a nutshell, is that the respondents have failed to comply with the provisions of the Electricity Act, 2003 and the Rules framed thereunder.

3. His further case is that the principles of ‘'res ipsa loquitur’ would apply. He has prayed for enhancement of compensation.

4. Learned counsel appearing on behalf of the respondents has vehemently argued that the respondents are not liable to pay for the negligent Act of the wife of the petitioner.

5. I have heard learned counsel for both the parties and gone through the record very carefully.

6. The Parliament has enacted an Act to consolidate the laws relating to generation, transmission, distribution etc. called the Electricity Act, 2003 (hereinafter referred to as the Act). Section 2(6) of the Act defines the ‘Authority’ to mean the Central Electricity Authority referred to in subsection (1) of Section 70. Section 2(20) defines the “electric line” to mean any line which is used for carrying electricity for any purpose and includes (a) any support for any such line, that is to say, any structure, tower, pole or other thing in, on, by or from which any such line is, or may be, supported, carried or suspended; and (b) any apparatus connected to any such line for the purpose of carrying electricity. Section 2(48) defines the “overhead line” to mean an electric line which is placed above the ground and in the open air but does not include live rails of a traction system. Section 2(72) defines the “transmission lines”.

7. Sections 53, 68 and 161 of the Act read as under:

“Section 53. (Provisions relating to safety and electricity supply):

The Authority may in consultation with the State Government, specify suitable measures for – (a) protecting the public (including the persons engaged in the generation, transmission or distribution or trading) from dangers arising from the generation, transmission or distribution or trading of electricity, or use of electricity supplied or installation, maintenance or use of any electric line or electrical plant; (b) eliminating or reducing the risks of personal injury to any person, or damage to property of any person or interference with use of such property ; (c) prohibiting the supply or transmission of electricity except by means of a system which conforms to the specification as may be specified; (d) giving notice in the specified form to the Appropriate Commission and the Electrical Inspector, of accidents and failures of supplies or transmissions of electricity; (e) keeping by a generating company or licensee the maps, plans and sections relating to supply or transmission of electricity; (f) inspection of maps, plans and sections by any person authorised by it or by Electrical Inspector or by any person on payment of specified fee; (g) specifying action to be taken in relation to any electric line or electrical plant, or any electrical appliance under the control of a consumer for the purpose of eliminating or reducing the risk of personal injury or damage to property or interference with its use.

Section 68. (Provisions relating to Overhead lines): -

(1) An overhead line shall, with prior approval of the Appropriate Government, be installed or kept installed above ground in accordance with the provisions of sub-section (2).

(2) The provisions contained in sub-section (1) shall not apply-(a) in relation to an electric line which has a nominal voltage not exceeding 11 kilovolts and is used or intended to be used for supplying to a single consumer; (b) in relation to so much of an electric line as is or will be within premises in the occupation or control of the person responsible for its installation; or (c) in such other