Deaths By Electrocution Ignored As Mere Accidents: Jammu & Kashmir High Court Constitutes Committee To Enforce Statutory Regulations

“It appears that deaths due to electrocution as well as bodily injuries due to electric shocks are ignored as mere accidents...The colossal loss of human lives and especially children is totally unacceptable, grim and heart rending, such unfortunate deaths continue to occur and the statutory regulations are being flouted with impunity which is the root cause of such deaths/accidents. Article 21 of constitution ensures fundamental rights to each citizen of the country which are inalienable in nature and guarantees citizens right to live and to be treated as an individual of worth. Death caused due to failure to follow electricity safety measures by authorities infringes upon the indefeasible constitutional rights of citizens”.

The Committee will be headed by the Commissioner/Secretary, State's Power Development Department and consist of the Chief Engineers of the Department.

The court has also directed District Magistrates of all districts in Jammu & Kashmir and Ladakh to ensure compliance with Regulation 58 of Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 on a war footing, which provides for clearance above ground level of conductors of overhead lines, including electricity service lines.

The development ensued in a writ petition seeking compensation from the Department for the death of its employee Jatinder Kumar, after he was made to climb on a transformer.

Justice Nargal observed that the report submitted by the Chief Electrical Inspector and the Executive Engineer suggests that the accident occurred due to non-adherence to safety measures such as local earthings, hand insulating gloves, proper isolation, and other safety measures by the maintenance staff.

Observing that the respondents have admitted their fault in the aforesaid report, the bench said that the Jammu and Kashmir Electricity Act 2010/ Electricity Rules, 1978 were applicable on the date of the incident and the Regulation-72 of the Electricity Authority Regulation 2010 was required to be followed, but the respondents failed to comply with the mandatory provisions of the law.

Pointing towards the FIR and the contents of the challan in the matter against respondents under section 304/34 the court said that it is evidently clear that the cause of death of Jatinder Kumar was due to electrocution/negligent, which is completely attributable to the respondents, who have failed to take due care and caution in maintaining electric supply lines under the Electricity Act and Rules framed thereunder and as per the report of the Executive Chief Electrical Inspector PDD, it can safely be concluded that the accident had occurred due to fault attributable to the respondents and thus, there is no disputed question of fact as alleged by the respondents to adjudicate the present writ petition.

“Any omission in preventing the discharge of high voltage electric energy by anyone engaged in the activity of supplying such electric energy is liable to compensate for the damage caused to a human life because of such energy”, Justice Nargal emphasised.

Highlighting that the rule of absolute liability does not require claimants to prove negligence, the bench added that on account of the hazardous and dangerous nature of the enterprise, the liability is fastened on the defaulter even when due and necessary care has been taken. The claimants would become entitled to demand compensation in such like cases on account of violation of fundamental rights to life and liberty guaranteed under Article 21 of the Constitution, said the court.

In view of the same, the Court ordered the Power Development Department (PDD) to pay Rs.10 lakh as compensation to the deceased's family in line with its policy for grant of ex-gratia relief to PDD employees who suffer electricity-related injuries or death. The deceased worker's mother, wife, and daughter will receive the compensation within two months of the court order, the bench concluded.

Case Title: Renu Bala &Ors Vs State &Ors

Citation: 2023 LiveLaw (JKL) 99

Click Here To Read/Download The Order