The main legal point established in the judgment is that electricity can be considered a hazardous substance under the relevant acts based on its characteristics and properties, and notification by the Central Government is not necessary for it to be classified as such.

( 1 ) IN the instant writ petition, the question arises whether 'electricity' can be treated as a "hazardous substance" as defined in Section 2 (d) of the Public Liability Insurance Act, 1991 (for short 'act of 1991') read with Section 2 (e) of the Environment (Protection) Act, 1986 (for short 'act of 1986' ).

( 2 ) CLAIMANT/respondent No. 2 Smt. Sukarti Bai filed an application before the Collector, District Mandla claiming compensation from petitioner M. P. Electricity Board, Jabalpur on account of the death of her husband Kashiram, as the death of her husband took place owing to electrocution while the deceased came in contact with the electric wire.

( 3 ) THE Collector has awarded a compensation of Rs. 25,000/- holding that the electricity is a hazardous substance as per Public Liability Insurance Act, 1991.

( 4 ) THE petitioner in the instant writ petition avers that M. P. Electricity Board is a body duly constituted under Section 5 of the Electricity (Supply) Act, 1948. The Collector failed to appreciate the legal position properly. Learned counsel for the petitioner contends that the electricity is not a hazardous substance and the same does not come within the definition of a hazardous substance as defined in Section 2 (d) of the Act of 1991 which has referred to the words "hazardous substance" as defined in Environment (Protection) Act, 1986. The submission of the learned counsel for the petitioner is that the electricity is hazardous if it is not used with proper care and caution but it is not a substance. Electricity is nothing but simply the flow of free electrons in a particular time at a particular movement. This flow can be in a wire or in the atmosphere in general in lightening. The flow of energy cannot be held to be a substance. Therefore, the electricity cannot be termed as hazardous substance. It is further averred in the instant writ petition that the electricity has not been notified by the Central Government as hazardous substance under Section 2 (d) of the Public Liability Insurance Act, 1991. Notification issued on 24-3-1992 by the Central Government makes no mention of electricity as hazardous substance, hence in the absence of notification of electricity, it cannot come within the definition of hazardous substance as defined in Section 2 (d) of the Act of 1991. The other facts are not repeated as they are not related to the points in question.

( 5 ) LEARNED counsel appearing for the respondent No. 1 Collector, Mandla submitted that the impugned order does not call for any interference. Reliance is placed on the decision of this Court in Writ Petition No. 2165 of 2001 (M. P. State Electricity Board, Jabalpur v. Collector, Mandla and others) decided on 15-4-2002 by Brother Justice Dipak Misra in which the decision of Allahabad High Court in U. P. State Electricity Board v. District Magistrate, Dehradun AIR 1998 All 1, has been relied upon. Learned counsel for the respondent No. 1 further submitted that the electricity has to be treated as a hazardous substance.

( 6 ) "first question for consideration is whether electricity is a "hazardous substance"? before I advert to the two decisions cited at the Bar, it is relevant to notice that it has not been disputed that the electricity is hazardous. The electricity is as something seen only through the results accomplished by it (Hill v. Carolina Power and Light Co. , 28 SE 2d 545, 553, 204 SC 83) which has become essential part of life and intrinsically connected with reasonable enjoyment of right to life itself. Life is not as animal existence but encompasses in itself basic frugal comforts which are necessary to make life worth.

( 7 ) THE characteristics indicates that "electricity" is a silent, deadly and instantaneous force, Electricity is a subtle, invisible, noiseless, death-dealing agency that gives no warning of its presence. Those who make, sell, distribute and use electricity, which is invisible force highly dangerous to life and pro