Case Note & Summary
The petitioner, Laxmibai W/o Sainath Danekar, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents, Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) and its Superintending Engineer, to pay compensation of Rs. 5,00,000 with interest at 18% per annum for the death of her husband, Sainath Mahadu Danekar, due to electrocution. The deceased was an agriculturist. On 21 September 2011, while returning home after agricultural work with a plow on his shoulder, he came into contact with a live electric cable that was hanging near the field of Narhari Kulkarni. He sustained severe electric shock and died. The villagers informed the police, who registered an accidental death case (A.D. Case No. 25/2011). Post-mortem confirmed death due to electric shock. The petitioner alleged negligence on the part of the respondents for failing to maintain the electric line properly. The respondents contended that the incident was an accident and that the deceased was negligent. The court applied the principle of res ipsa loquitur, holding that the hanging live wire itself indicated negligence. The court found that the respondents failed to exercise reasonable care and were liable to pay compensation. The court directed the respondents to pay Rs. 5,00,000 with interest at 6% per annum from the date of filing of the petition (2016) till realization, within eight weeks. The court also awarded costs of Rs. 10,000.
Headnote
A) Tort Law - Negligence - Strict Liability - Electricity Act, 2003, Section 161 - Compensation for Electrocution Death - Petitioner's husband died due to electrocution from a hanging live electric wire - Respondents failed to maintain the electric line properly - Court held that the doctrine of res ipsa loquitur applies and the respondents are liable to pay compensation of Rs. 5,00,000 with interest at 6% per annum from the date of petition till realization (Paras 1-10).
Issue of Consideration
Whether the respondents are liable to pay compensation for the death of petitioner's husband due to electrocution caused by a hanging live electric wire.
Final Decision
The court allowed the petition and directed the respondents to pay compensation of Rs. 5,00,000 with interest at 6% per annum from the date of filing of the petition (2016) till realization, within eight weeks. The court also awarded costs of Rs. 10,000.
Law Points
- Strict liability
- negligence
- compensation for electrocution
- duty of care of electricity company
- res ipsa loquitur
