Court dismisses appeal by M.P. Electricity Board, holds them accountable for compensation in electrocution due to illegal electricity connection
In a significant ruling, the Madhya Pradesh High Court has upheld the principle of strict liability in cases involving electrocution deaths due to illegal electricity connections. The court dismissed an appeal filed by the M.P. Electricity Board challenging the trial court's decision, which held the board liable for compensation in the tragic death of Ram Sumiran Kori, who was electrocuted due to illegal electricity pilferage.
The incident occurred in November 2010, when Kori was electrocuted while walking to his farm to guard his rice crop. It was found that an illegal electricity connection, allegedly pulled by a local farmer from an electricity pole belonging to the M.P. Electricity Board, led to Kori's death. The trial court had ordered the board and the farmer to jointly or severally pay a compensation amount of Rs. 4.45 lakh to Kori's family.
The Electricity Board, represented by Advocate Shri Rakesh Kumar Tiwari, argued that the accident was solely due to the illegal actions of the farmer and that it was unreasonable to expect the board to monitor every line continuously. However, the High Court, presided by Justice Vivek Jain, dismissed this defense, emphasizing the board's inherent responsibility to prevent such accidents, given the dangerous nature of electricity transmission.
Justice Jain highlighted that the board's inability to prevent the illegal pilferage, which had been ongoing over a significant distance, demonstrated a lack of due diligence and reasonable care. The court reinforced the applicability of strict liability, a legal doctrine that holds entities dealing with inherently dangerous activities accountable for any harm caused, regardless of negligence or fault.
Referencing the Supreme Court's judgment in Madhya Pradesh Electricity Board v. Shail Kumari, the High Court reiterated that electricity suppliers bear a primary liability to compensate victims as long as the risk of electrocution remains foreseeable, irrespective of any third-party actions.
The court concluded that the Electricity Board failed to establish any valid exceptions to the principle of strict liability and affirmed the trial court's judgment. The dismissal of the appeal underscores the judiciary's commitment to ensuring accountability and safety in the management of electricity supply, particularly in rural areas prone to illegal connections.
The verdict serves as a stern reminder to electricity suppliers about the paramount importance of maintaining stringent safety measures and monitoring systems to prevent such tragic incidents.
Bottom line:-
Strict liability in cases of electrocution due to illegal electricity connections - Liability of electricity supplier for accidents caused by illegal pilferage of electricity upheld.
Statutory provision(s): Section 96 of Code of Civil Procedure, Electricity Act, Principles of Strict Liability, Rylands v. Fletcher Doctrine
M.P. Electricity Board v. Anju Kori, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2934593
