Strict Liability, Not Absolute, Applies; High Court's Decision Overturned
In a pivotal ruling, the Supreme Court of India has delineated the contours of liability in cases of electrocution, establishing that the principle of strict liability, rather than absolute liability, governs such incidents. This decision came as the Court overturned a Karnataka High Court ruling that had imposed absolute liability on the Karnataka Power Transmission Corporation Limited (KPTC) for a fatal electrocution incident involving the respondent Rekha's deceased husband.
The case stemmed from a tragic incident where N. Subramanya, Rekha’s husband, was electrocuted in February 2018. The High Court had awarded compensation under the Motor Vehicles Act framework, a move the Supreme Court has now deemed inappropriate for electrocution cases.
The Supreme Court, with Justices Sanjay Karol and Nongmeikapam Kotiswar Singh presiding, emphasized that the multiplier method used in motor vehicle accident cases does not apply to electrocution cases. Instead, compensation must be calculated on principles of fairness and reasonableness, considering the deceased's income and related claims.
The apex court further clarified the boundaries of writ jurisdiction under Article 226 of the Constitution in such matters, underscoring that writ petitions are not maintainable when disputed facts are involved. This decision reaffirms the necessity for such cases to be addressed through civil courts where factual disputes can be adequately examined.
The Supreme Court’s judgment also highlighted the exceptions to the rule of strict liability, such as acts of God, statutory authority, and the plaintiff's own fault, which could exempt enterprises from liability.
The KPTC had challenged the High Court's imposition of liability and compensation order, arguing the presence of disputed facts and the necessity of fault for liability. The Supreme Court’s ruling has now remanded the matter for potential reconsideration by civil courts, providing a clear directive on liability standards and jurisdictional appropriateness.
Statutory provision(s): Article 226 of the Constitution of India, Law of Torts (Strict Liability), Electricity Act, 2003, Section 57
The Supreme Court’s decision serves as a significant precedent in adjudicating compensation claims in electrocution incidents, reinforcing the balance between enterprise responsibility and the legal process for establishing liability.
Karnataka Power Transmission Corporation Limited v. Rekha, (SC) : Law Finder Doc id # 2960137
