Court dismisses Rajasthan State Electricity Board's appeal; orders increased compensation for victims' families due to negligence and breach of safety duty.
In a landmark judgment, the Rajasthan High Court has enhanced the compensation awarded to the families of two victims who died due to electrocution, emphasizing the principle of strict liability. The court dismissed the appeal filed by the Rajasthan State Electricity Board, which sought to overturn a previous judgment that held them accountable for negligence in maintaining electric lines.
The case involved the tragic deaths of Punjki and Ganpat, who were electrocuted by a broken live electric wire in village Javtari, Udaipur, in April 1991. The families of the deceased had filed for compensation, citing negligence on the part of the electricity board and its employees for failing to maintain the electric lines and not taking timely action to prevent the accident.
In its defense, the Electricity Board argued that the wire broke due to an "Act of God" – a storm that occurred on the night before the incident. However, the court found no evidence supporting this claim and noted discrepancies in the maintenance records presented by the board.
Justice Sandeep Taneja, presiding over the case, reinforced the doctrine of strict liability, asserting that electricity suppliers have an inherent duty to implement safety measures and ensure the integrity of their infrastructure. The court referred to precedents set by the Supreme Court, underscoring that liability arises not just from proven negligence but from the inherent risk associated with electricity transmission.
The judgment recalculated the compensation based on the minimum wage at the time, future prospects, and other factors, significantly increasing the amount awarded to the victims' dependents. The court directed the Rajasthan State Electricity Board to deposit the enhanced compensation within two months, with interest from the date the civil suit was filed.
This decision serves as a crucial reminder of the responsibilities of utility providers and sets a precedent for future cases involving negligence and strict liability in public safety matters.
Bottom line:-
Compensation for electrocution deaths due to negligence in maintaining electric lines can be enhanced based on principles of strict liability and minimum wages for loss of dependency.
Statutory provision(s): Fatal Accidents Act, 1855; Code of Civil Procedure, 1908; Principles of Strict Liability.
Rajasthan State Electricity Board v. Varda, (Rajasthan) : Law Finder Doc id # 2942974
