Enterprises Engaged In Hazardous Activities Strictly Liable For Accidents: J&K HC Orders ₹20 Lakh Compensation For Youth Electrocuted By Transformer

In allowing a plea of a person who was eight years old when he got electrocuted resulting in amputation of his trans-elbow Justice Vinod Chatterji Koul ordered,

“.. Respondents shall pay Rs.20.00 Lacs to petitioner along with interest @ 6% per annum from the date of presentation of this petition, viz. 17th September 2018 till final realization”.

In its decision, the court heavily relied on the precedent set by the Supreme Court in M. C. Mehta v. Union of India, AIR 1997 SC 734, which established that “where an enterprise is engaged in a hazardous or inherently dangerous activity and harm is caused on any one on account of the accident in the operation of such activity, the enterprise is strictly and absolutely liable to compensate those who are affected by the accident”.

This judgment also underscored that such liability is not subject to exceptions traditionally associated with the principle of strict liability as established in the rule in Rylands v. Fletcher.

Justice Vinod Chatterji Koul presided over the case, which involved a petitioner who suffered severe injuries, including the amputation of his left arm, due to an electrical accident caused by a snapped 11 KV line.

The case involved a tragic incident in 2007 when a young boy, just eight years old, suffered severe injuries from an electrical accident in Kulgam, Kashmir. While playing near an uncovered and uninsulated electric transformer, he was shocked by a snapped 11 KV line. This accident resulted in the amputation of his left arm and left him with a 78% permanent disability.

The petition sought compensation from the State's Power Development Department, arguing their negligence in maintaining safe electrical infrastructure led to the accident.

Adjudicating the matter, the court highlighted, “In the case in hand, there is no quarrel about 78% disability of petitioner due to electric shock, when he had been eight years of age on 9th March 2007. This resulted in amputation of his trans-elbow left side with scarring/puckering of over lung skin.”

Citing other precedents, the court noted, that in Kishan Gopal and others v. Lala and others, (2014), the court awarded substantial compensation to the family of a deceased minor, setting a precedent for non-earning individuals.

The petitioner's case was further supported by a prior judgment of the J&K High Court in Mst. Mala Begum v. State of J&K and others, OWP no.1669/2014, where compensation of Rs. 24.00 Lacs was awarded for similar circumstances involving permanent disability. The court concluded that the petitioner was entitled to compensation.

The court ultimately mandated the respondents to pay Rs. 20.00 Lacs to the petitioner, with an interest rate of 6% per annum from the date of the petition's presentation until final realization.

Case Title: Abrar Ahmad Tantray Versus State of J&K

Citation: 2024 LiveLaw (JKL) 223

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