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Rules Electricity Boards Are For Fatal Electrocution Accidents Today
The has reaffirmed that electricity suppliers bear a when managing hazardous infrastructure. In a significant judgment delivered by Justice Sandeep Taneja, the court dismissed an appeal filed by the , establishing that is not a necessary prerequisite for liability when dealing with inherently dangerous activities like electricity transmission.
A Tragic Incident and Legal Contention
The case dates back to , in the village of Javtari, Udaipur. The deceased, Punjki, died after coming into contact with a snapped, live electrical wire lying on the ground during the early hours of the morning. A neighbor, Ganpat, lost his life while attempting to assist her. The plaintiffs—the family of the deceased—alleged that the accident was caused by the board's systemic failure to maintain the lines and their in failing to cut off the power supply after the wire broke.
The maintained that the falling wire was the result of a "heavy storm" on the night of , acting as an '.' They argued that they had no prior knowledge of the fallen wire and that the victim was negligent by failing to notice the danger in the dark.
and the Duty of Care
The court rejected the board's defense, finding no empirical evidence to support the occurrence of a storm that could cause such large-scale destruction. More importantly, the court leaned on the principle of "."
Justice Taneja noted,
"The responsibility to supply electric energy in the particular locality was statutorily conferred on the Board. If the energy so transmitted causes injury or death... the primary liability to compensate the sufferer is that of the supplier of the electric energy."
The judgment highlighted that once a hazardous activity is undertaken for profit or public utility, the manager of that system is responsible for its dangers, regardless of whether a specific act of
is pinpointed.
Key Observations from the Court
The court’s ruling underscored the high threshold for safety expected from public utilities:
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"So long as the voltage of electricity transmitted through the wires is potentially of dangerous dimension the managers of its supply have the added duty to take all safety measures to prevent escape of such energy."
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"Authorities manning such dangerous commodities have extra duty to chalk out measures to prevent such mishaps."
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"If any live wire got snapped and fell on the public road the electric current thereon should automatically have been disrupted."
Enhanced Compensation and Final Order
Concurring with the plaintiffs' cross-objections regarding inadequate damages, the High Court significantly enhanced the compensation. By calculating the based on prevalent at the time, future prospects, and , the court awarded an additional ₹1,21,942.
The has been directed to deposit the enhanced amount with interest. This verdict serves as a strong judicial reminder that the state’s duty to ensure the safety of citizens near electrical infrastructure remains absolute, reinforcing that survivors of such tragedies are entitled to fair and prompt compensation.
