Case Note & Summary
The petitioners, widow and sons of deceased Ashok Kakde, filed a criminal writ petition seeking compensation of Rs. 10 lakh for his death due to electrocution on 31st July 2014. The incident occurred in his agricultural land Gat No.12 when he went to start an electric motor during rain. The electricity supply was taken from a pole near the well. The post-mortem report confirmed death due to electrocution. The petitioners contended that the electricity board was negligent in maintaining safe supply. The respondents argued that the death was due to the deceased's own negligence. The court, after hearing both sides, held that the electricity board failed to prove that the supply was safe or that there was contributory negligence. Applying the principle of res ipsa loquitur, the court found the board liable. The court awarded compensation of Rs. 10 lakh with interest at 6% per annum from the date of filing the petition, payable within three months.
Headnote
A) Tort Law - Strict Liability - Electrocution Death - Compensation - The court considered the claim for compensation for death due to electrocution from an electric pole on the deceased's land. The court held that the electricity board is liable for negligence as the supply was unsafe and there was no contributory negligence. Compensation of Rs. 10 lakh awarded with interest at 6% per annum from the date of petition. (Paras 1-10) B) Evidence - Negligence - Burden of Proof - The court noted that the incident occurred on 31st July 2014, and the post-mortem report confirmed death due to electrocution. The court held that the electricity board failed to prove that the supply was safe or that there was contributory negligence. The court relied on the principle of res ipsa loquitur. (Paras 3-8)
Issue of Consideration
Whether the petitioners are entitled to compensation for the death of Ashok Kakde due to electrocution, and if so, what amount?
Final Decision
The petition is allowed. The respondents are directed to pay compensation of Rs. 10 lakh with interest at 6% per annum from the date of filing the petition (2015) within three months.
Law Points
- Strict liability
- negligence
- compensation for electrocution
- duty of care of electricity board
- contributory negligence
- vicarious liability
