High Court of Gujarat Dismisses Appeal by Paschim Gujarat Vij Company Ltd. in Electrocution Death Case — Upholds Compensation of Rs.32,54,000 with 10% Interest. Negligence in Maintaining High Voltage Wire Established Under Law of Tort; Duty of Care Owed by Electricity Company to Public.

High Court: Gujarat High Court In Favour of Prosecution

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2026-05-19 01:36:57

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Case Note & Summary

The case arises from an incident on 28 July 2015 when a live high voltage wire dislocated from the main line and fell on Druti Vikram Khataria, a minor child playing near her house, causing her electrocution. Her mother Laxmiben Vikram Khataria, upon hearing her screams, rushed to save her and also sustained fatal electrocution injuries. The heirs of the deceased filed a suit for compensation of Rs.1,00,00,000 under the law of tort against Paschim Gujarat Vij Company Ltd., alleging negligence in maintaining the wire. The trial court decreed the suit and awarded Rs.32,54,000 with 10% interest per annum from the date of filing of the suit till realization. The appellant-company challenged this decree in first appeal under Section 96 read with Order XLI of the Civil Procedure Code, 1908. The High Court of Gujarat, after considering the facts and submissions, found no merit in the appeal. The court noted that the company had a duty to ensure the safety of high voltage wires and failed to do so, resulting in the loss of two lives. The court upheld the trial court's judgment and dismissed the appeal, confirming the compensation amount and interest.

Headnote

A) Tort Law - Negligence - Duty of Care - Electricity Company's Liability - The appellant-company failed to maintain high voltage wire which dislocated and fell on a child and her mother, causing electrocution deaths - The court held that the company owed a duty of care to the public and its failure constituted negligence - The trial court's decree for compensation of Rs.32,54,000 with 10% interest was upheld (Paras 1-7).

Issue of Consideration

Whether the appellant-company was negligent in maintaining the high voltage wire resulting in electrocution deaths, and whether the trial court's award of compensation was justified.

Final Decision

The High Court dismissed the appeal and upheld the trial court's judgment and decree dated 27.12.2024, confirming the compensation of Rs.32,54,000 with interest at 10% per annum from the date of filing of the suit till realization.

Law Points

Strict liability for electricity companies
duty of care in maintaining high voltage wires
compensation under law of tort
negligence per se when live wire falls on public place

Case Details

2026:GUJHC:6365

R/FIRST APPEAL NO. 49 of 2026

2026-01-23

M. K. Thakker

2026:GUJHC:6365

CHINMAY M GANDHI, NIKITA C GANDHI

Paschim Gujarat Vij Company Ltd. & Ors.

Vikram Kiran Khataria & Ors.

Nature of Litigation

First appeal against decree in civil suit for compensation under law of tort for electrocution deaths.

Remedy Sought

Appellant sought to set aside the trial court's decree awarding compensation of Rs.32,54,000 with interest.

Filing Reason

Appellant challenged the trial court's finding of negligence and the quantum of compensation.

Previous Decisions

Trial court decreed the suit in favor of the plaintiffs on 27.12.2024, awarding Rs.32,54,000 with 10% interest.

Issues

Whether the appellant-company was negligent in maintaining the high voltage wire? Whether the compensation awarded by the trial court is justified?

Submissions/Arguments

Appellant argued that the incident was an accident and not due to negligence. Respondent argued that the company failed in its duty of care, leading to the deaths.

Ratio Decidendi

An electricity company owes a duty of care to the public to maintain high voltage wires safely. Failure to do so resulting in electrocution deaths constitutes negligence, and the company is liable to pay compensation under the law of tort.

Judgment Excerpts

This first appeal is filed under section 96 read with Order XLI of the Civil Procedure Code, 1908 challenging the judgment and decree passed by learned Additional Senior Civil Judge in Special Civil Suit No.31 of 2017 dated 27.12.2024 whereby, the suit filed by the plaintiff came to be decreed and the present appellant is directed to pay amount of Rs.32,54,000/- towards the compensation with interest at the rate of 10% per annum from the date of filing of the suit till its realization.

Procedural History

The original suit was filed in 2017 before the Additional Senior Civil Judge, who decreed it on 27.12.2024. The appellant filed the first appeal on 23.01.2026, which was dismissed by the High Court.