Delhi High Court Orders BSES To Pay ₹10 Lakh Compensation To Wife Of Man Who Died Due To Electrocution In 2017

The Delhi High Court has ordered BSES Yamuna Private Limited to pay ex-gratia lump sum compensation of Rs. 10 lakh to wife of a man who died due to electrocution in 2017.

Justice Purushaindra Kumar Kaurav was dealing with the woman's plea seeking compensation of Rs. 50 lakhs.

Her husband was working as a Sub-Inspector since 1990 in Delhi Police (Traffic). In May 2017, he ran to find a shelter and while trying to protect himself from rain, he came in contact with a channel gate and got electrocuted.

Chargesheet was filed against the shopkeeper from whose shop the current was allegedly flowing to the channel gate.

The BSES took a stand that while the BSES network remained intact, an exposed wire emanating from the shop's meter was found to be in contact with the shutter resulting in the leakage of current and the said leakage was fixed by BSES.

Justice Kaurav held that where negligence and breach of duty by the State are manifestly evident, the maxim res ipsa loquitur shall apply.

The court said that the death of the man was caused due to flowing of electricity current as a result of a leakage from an outgoing exposed wire of the shop meter, spreading over to the channel gate of the gali.

“The mere fact that there was a leakage from the said wire of the private-consumer/shopkeeper cannot allude culpability or any negligence on the part of BSES. Despite the known general risks associated with electricity transmission, there still remains a contingency that the incident could not have been prevented without a prior complaint made to BSES,” the court said.

It added that nothing was placed on record to satisfy the Court that a prior complaint was made to BSES by anyone either from the locality or by the private- consumer or shopkeeper itself.

“Therefore, there is insufficient evidence to prove that the negligence in the instant case is directly and solely attributable to BSES,” it said.

The court further noted that the consumer-shopkeeper was the main accused in the chargesheet and BSES has not been named.

It said in the absence of any material evidence on record which definitively demonstrated a lapse on the part of BSES, negligence on the part of BSES cannot be established and therefore, the principle of res ipsa loquitur becomes inapplicable.

“The said position, however, can only be established by the parties while leading evidence in a competent Civil Court,” it said.

While disposing of the plea, the court directed the competent Civil Court to adjudicate the matter within one year from the date of institution of any suit.

“BSES is also directed to not cause any undue delay in the proceedings by seeking unwarranted adjournments,” it concluded.

Title: SHAGUFTA ALI v. GOVERNMENT OF NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 982

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