Case Note & Summary
The case involved an appeal by the Madhya Pradesh Electricity Board against a High Court decision ordering it to compensate the dependants of Jogendra Singh, who was electrocuted by a live wire on the road. The incident occurred on the night of 23.8.1997 when Singh, riding his bicycle, came into contact with a live wire that had fallen due to alleged pilferage by a third party. The trial court initially ruled in favor of the Board, stating that the claimants failed to prove liability. However, the High Court reversed this decision, emphasizing the Board's responsibility to ensure safe electricity supply and prevent pilferage. The Supreme Court, upon reviewing the case, noted that the Board's defenses were baseless and that the primary liability for electrocution lay with the electricity supplier. The court reiterated the principle of strict liability, which holds suppliers accountable for damages caused by their services, regardless of negligence. The Board's argument that the electrocution resulted from a stranger's act was rejected, as the Board had a duty to anticipate and mitigate such risks. Ultimately, the Supreme Court dismissed the appeal, affirming the High Court's order for compensation to the claimants.
Headnote
A) Tort Law - Strict Liability - Liability of Electricity Supplier - Electricity Act, 2003, Section Not Mentioned - The court held that the supplier of electricity is primarily liable for injuries caused by its supply, regardless of pilferage by a third party. The Board's defenses were deemed insufficient as the risk of electrocution was foreseeable and preventable (Paras 1-3).
Issue of Consideration
Whether the Madhya Pradesh Electricity Board is liable to compensate the dependants of a victim electrocuted by a live wire due to alleged pilferage.
Final Decision
The Supreme Court dismissed the appeal by the Madhya Pradesh Electricity Board, affirming the High Court's order for compensation of Rs. 4.34 lacs to the claimants, establishing the Board's liability under the principle of strict liability.
Law Points
- strict liability
- negligence
- tort law
- pilferage
- compensation
- electric supply liability
