Death By Electrocution: Telangana High Court Upholds Compensation To Kin Irrespective Of Negligence By Electricity Department
In an appeal suit, the Telangana High Court confirmed the judgment of the trial court for payment of compensation to the family of deceased who died due to electrocution. The trial Court while relying on the decision of Supreme Court in M.P. Electricity Board v. Shail Kuma & ors. (2002) had observed as: “The liability cast upon the Electricity department is strict liability,...
In an appeal suit, the Telangana High Court confirmed the judgment of the trial court for payment of compensation to the family of deceased who died due to electrocution. The trial Court while relying on the decision of Supreme Court in M.P. Electricity Board v. Shail Kuma & ors. (2002) had observed as: “The liability cast upon the Electricity department is strict liability, and even if there was no negligence on the part of department, they were liable to pay compensation for the death of the deceased.”
Brief Facts of the case
The Plaintiffs in the suit are were wife and children of one deceased who met with an accident by stepping onto the snapped live wire of low tension line passing through the fields and sustained extensive burns and shocks and became unconscious. The deceased died while undergoing treatment.
The defendants AP State Electricity Board stated that they were careful in maintaining the lines and transmission system. On the intervening night of 1996, there was heavy wind due to which 33KV transmission line from Nizamabad to Basar was snapped but did not touch the ground or any neutral point and was hanging in the air. As there was no indication of snapping of wire hey could not inspect and rectify the line, it was not hanging neither on road, a cart track, a pathway nor a public space. The said deceased was negligent and could have avoided the direct impact.
The trial court granted a compensation of Rs. 1,88,000/- at the rate of 6% per annum. Aggrieved by the said order, the electricity department preferred an appeal as there was no negligence on their part.
Ruling of the Court
Justice P. Sree Sudha observed that the trial court relied on the decision of the Supreme Court in M.P. Electricity Board (Supra) wherein it was held that “Electricity Board is liable to pay compensation irrespective of any negligence or carelessness on the part of the Electricity Board when a person died due to contact with live electric wire lying on the road.”
In view of the above citation, it was further noted by the trial court that the department failed to prove that there was heavy storm and rain at the time of incident.
Since the deceased died due to electrocution, his wife and children became destitute. Hence, the court held that the plaintiffs in the suit were rightly granted compensation and the appeal was dismissed with costs confirming the order of the trial court.
Case Title: The Chairman, APSEB, Respondent v. Smt. Razia Begum
Citation: 2023 LiveLaw (Tel) 1