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High Court of Karnataka Adjudicates Writ Petitions Seeking Compensation for Electrocution Injuries and Death. The Court Examines the Nature of Liability and Maintainability of Public Law Remedy Under Article 226 of Constitution of India.

High Court: Karnataka High Court Bench: BENGALURU
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2026-10-31 01:58:46
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Issue of Consideration

Whether writ petitions seeking compensation for injuries and death caused by electrocution are maintainable, and what is the nature of liability of the electricity transmission and distribution companies under common law and statutory framework

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Law Points

  • Strict liability of transmission and distribution companies for electrocution injuries
  • maintainability of writ petition under Article 226 for compensation as public law remedy
  • duty to maintain safety under Electricity Act
  • apportionment of liability between transmission utility and distribution company
  • contributory negligence of child not a bar to compensation
  • right to compensation irrespective of ex-gratia payments
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Case Details

2022 LawText (KAR) (08) 21

W.P. No. 1383/2020 c/w W.P. No. 53302/2018 and W.P. No. 6087/2019

2022-08-04

S. Sunil Dutt Yadav

Sri Shridhar Prabhu, Sri Clifton D' Rozario, Sri H.V. Devaraju, Sri D.C. Parameswaraiah, Smt. Padma S. Uttur, Sri S. Sriranga, Smt. Sumana Naganand, Smt. B.V. Vidyulatha

Mrs. Rekha, Kumari Chandana K., Muizz Ahmad Shariff

Karnataka Power Transmission Corporation Limited, Chamundeshwari Electric Supply Corporation Limited, Electrical Inspector, State of Karnataka Department of Energy, Bangalore Electricity Supply Company, Karnataka State Commission for Protection of Child Rights

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Nature of Litigation

Writ petitions seeking compensation for injuries and death due to electrocution, invoking public law remedy against power transmission and distribution companies.

Remedy Sought

In W.P. 53302/2018: compensation of Rs.90,00,000 with interest and direction to ensure safety; in W.P. 6087/2019: compensation of Rs.90,00,000 with interest; in W.P. 1383/2020: quashing of KPTCL order dated 09.11.2017 and compensation of Rs.68,74,000 with interest.

Filing Reason

The petitioners suffered electrocution injuries or death allegedly due to negligence and failure to maintain safe clearance of high-tension lines, leading to violation of right to life under Article 21.

Previous Decisions

KSCPCR had ordered compensation in W.P. 53302/2018 (Rs.50,00,000) and W.P. 6087/2019 (Rs.40,00,000), which were later declared recommendatory by the High Court in separate writ petitions. The State Government subsequently ordered lesser amounts (Rs.2,50,000 in W.P. 53302/2018). In W.P. 1383/2020, KPTCL had passed an order regarding Rs.5,00,000 compensation which is under challenge.

Issues

Nature of liability of transmission utility and distribution company under common law and statutory framework Maintainability of writ petitions for compensation Relegation to civil court after granting provisional compensation Right to claim compensation irrespective of ex-gratia/solatium payment Apportionment of liability between transmission and distribution companies Contributory negligence of child

Judgment Excerpts

W.P.No.53302/2018, 6087/2019 and 1383/2020 all are legal actions initiated invoking writ jurisdiction claiming compensation by way of a public law remedy consequent upon injuries suffered (W.P.No.53302/2018 and 6087/2019) and death due to electrocution (W.P.No.1383/2020).

Procedural History

In W.P.53302/2018: accident on 19.10.2017, FIR on 06.01.2018, Electrical Inspector report on 17.09.2018, KSCPCR order on 27.03.2018, W.P.48907/2018 order on 30.08.2019 declaring KSCPCR order recommendatory, State order on 28.01.2020 granting Rs.2,50,000, then writ petition. In W.P.6087/2019: accident on 16.09.2017, FIR on 17.09.2017, Electrical Inspector report on 19.02.2018, KSCPCR order on 12.04.2018, W.P.26329/2018 order on 30.08.2019 declaring KSCPCR order recommendatory, State order on 09.03.2020. In W.P.1383/2020: KPTCL order dated 09.11.2017 regarding Rs.5,00,000 compensation, challenged in this writ petition.

Acts & Sections

  • Constitution of India: Articles 226, 227
  • Electricity Act, 2003:
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Tags :
electrocution compensation writ petition public law remedy Article 226 strict liability transmission utility distribution company KPTCL BESCOM CESCOM child rights KSCPCR

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