Paschim Gujarat Vij Company Ltd held accountable for fatal accident due to negligent maintenance of electrical installations.
In a landmark judgment, the Gujarat High Court has reaffirmed the principle of absolute liability for electricity companies in cases of fatal accidents involving their installations. The case, Paschim Gujarat Vij Company Limited v. Heirs of Decd. Rambhai Ramshibhai Lakhatrana, involved the tragic electrocution of Rambhai Ramshibhai, who died due to a faulty transformer maintained by Paschim Gujarat Vij Company Ltd (PGVCL).
The incident occurred on June 6, 2001, when Rambhai was electrocuted while walking near a GEB transformer in Sutrapada taluka. Despite the company's argument that Rambhai was negligent in attempting to fix a fuse, the court dismissed this defense, holding PGVCL strictly liable under the principle of absolute liability. This principle, derived from the landmark case of Rylands v. Fletcher and further extended by the Supreme Court in M.C. Mehta v. Union of India, mandates that companies engaged in hazardous activities are responsible for any harm caused, irrespective of negligence.
The court emphasized that PGVCL, being in the business of distributing electricity—a hazardous substance—had an unequivocal duty to ensure all electrical installations were safe and properly maintained. The court noted that the transformer was not hermetically sealed, which was a significant factor leading to the accident.
Justice J. C. Doshi, presiding over the case, upheld the trial court's decision to award compensation to Rambhai's heirs, amounting to Rs. 3,41,400 with an interest of 7% per annum from the filing date until realization. The judge reiterated that the concept of strict liability applies regardless of any contributory negligence on the part of the victim.
This decision serves as a critical reminder to electricity companies of their obligations to maintain their installations to prevent such tragic incidents. The judgment highlights the judiciary's role in safeguarding public safety by holding corporations accountable for their operations' inherent risks.
Bottom line:-
Electricity company held liable under the principle of absolute liability for the death of an individual caused by electrocution due to improper maintenance of electrical equipment.
Statutory provision(s): Code of Civil Procedure, 1908, Principles of Absolute Liability, Law of Torts.
