Electrocution: High Court Orders J&K Admin To Pay Over Rs 24 Lakh Compensation To Victim's Family

The Jammu & Kashmir and Ladakh High Court recently directed the Jammu and Kashmir administration to pay over Rs 24 lakh as compensation to the family of a person who died due to electrocution after an 11,000 KV line fell on his head in north Kashmir's Uri area in July 2013.

"The respondents being the managers of the electric supply of the area were duty bound in law to ensure that the requisite measures are in place to prevent the leakage, loss of such energy or to see that the wire snapped would not remain live on the road to endanger the lives of the people," said the court.

Justice Moksha Kazmi passed the judgement on a plea filed by the victim's family for a direction to the State to pay them a compensation of Rs. 30 lacs for the loss suffered on account of electrocution of their sole bread earner due to the negligence of the respondents. The petition filed in 2014 also sought appointment of a male member of the family in the Power Development Department.

The court noted that is an admitted position that the victim Nazir Ahmad Khan died on July 24, 2013, because of an electric shock received through an 11,000 KV line attached to the electric transformer installed at Dazan Lachpora, Uri.

"It cannot be said that the respondents (authorities concerned) were not liable to maintain the electric supply lines of the area and take good care of any unforeseen situation that may result in damage to human life and property," the bench said.

It rejected the State's counter that the victim died because of his own negligence as he fiddled with the transmission line. The court said that it would not suffice for the government to say that an individual indulged in siphoning or fiddling or any other mischief which resulted in his death.

Such "mischiefs" are to be prevented by the managers of the electric supply by installing the necessary devices at the spots where the electric transformers were placed, said the bench. It further said the authorities were duty bound to take extra care to prevent the mishaps.

The court stressed on the need for a mechanism that would not only detect but prevent any mischief that might be resorted to illegally by any individual.

"The authorities need to think out of the box to find solutions to unforeseen situations. They cannot afford to be mechanical in an era that is witnessing a tremendous industrial and technological advancement which increases the number of hazardous and inherently dangerous activities," the court said. "More number of such activities demand equally more advanced measures in place to prevent mishaps as the hazardous activities should always be carried out by its managers at their own peril."

The court said that even otherwise, the power development department being the supervisors and suppliers of the electricity under the provisions of the law of torts, was liable to pay compensation to the victim who had suffered because of "their activities irrespective of any negligence or carelessness on the part of the managers of such undertakings".

Dealing with the amount of compensation to be paid, the bench noted that the victim was a 40-year-old man and earned Rs 500 per day as a master carpenter.  An addition of 30 percent is to be made to the income in accordance with the apex court laid down guidelines, said Justice Kazmi. 

"Thus, the total loss of dependency of the petitioners (family) will be Rs 23,40,000. Besides the loss of dependency, the petitioners will be entitled to Rs 15000 for the loss of estate, Rs. 40,000 for the loss of consortium, Rs 20,000 as cost of litigation, and Rs 15000 on account of funeral expenses," the court said and ordered compensation of Rs 24,30,000 along with an interest of 6 percent per annum from the date of filing of this petition till its realisation.

Case Title : Saleema Begum & Ors Vs State of J&K

Citation : 2022 LiveLaw (JKL) 163

Click Here To Read/Download Judgment