http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 1 of 3

CASE NO.:

Appeal (civil) 180 of 2002

PETITIONER:

M.P. ELECTRICITY BOARD

RESPONDENT:

SHAIL KUMARI AND ORS.

DATE OF JUDGMENT: 12/01/2002

BENCH:

K.T. THOMAS & S.N. PHUKAN

JUDGMENT:

JUDGMENT

2002 (1) SCR 164

The Judgment of the Court was delivered by THOMAS, J. Leave granted.

The supplier of electricity in a locality is striving to squirm out of the

liability to compensate the dependants of the sole victim of a snap

electrocution. The supplier, Madhya Pradesh Electricity Board (for short

the Board) pleads that the electrocution was due to the clandestine

pilferage committed by a stranger unauthorisedly siphoning the electric

energy from the supply line and hence the wrong doer alone should be

mulcted with the burden of damages. In a suit filed by the dependents of

the victim the trial court agreed with the Board in regard to the aforesaid

contention, but the High Court disagreed and directed the Board to pay the

amount of damages assessed. The said judgment of the High Court of Madhya

Pradesh is now under challenge in this appeal. After hearing learned

counsel for the Board we do not find the necessity to seek the help of the

r