Case Note & Summary
The appellant, Pandurang S/o Bhimayya Ainapure, a farmer aged 60, lost his 20-year-old college-going son Srinivas due to electrocution on 24.09.2000. The deceased came into contact with a hanging live power line serviced to a private consumer. A KPTCL Engineer's report confirmed the incident. The appellant initially filed W.P.No.24710/2005 seeking compensation, which was disposed of on 20.02.2006 with a direction to the respondents to consider his representation dated 02.07.2001 for compensation; other reliefs were rejected. Subsequently, the appellant filed W.P.No.83496/2009 seeking compensation, which was dismissed by a learned Single Judge on 08.06.2012 on the ground that the earlier writ petition had been negatived. The appellant then filed the present writ appeal. The respondents, represented by their panel counsel, resisted the appeal. The Division Bench considered the brief facts and the earlier order. The court noted that the earlier writ petition was not adjudicated on merits but only directed consideration of the representation. The court held that the electricity board was negligent in maintaining the power line, leading to the death, and thus liable to pay compensation. Applying the principle of strict liability, the court awarded compensation of ₹5,00,000 with interest at 6% per annum from the date of death, i.e., 24.09.2000, until payment. The impugned order of the learned Single Judge was set aside, and the appeal was allowed.
Headnote
A) Tort Law - Strict Liability - Electrocution - Negligence of Electricity Board - The court held that the death of a 20-year-old college student due to contact with a hanging live power line maintained by the electricity board constitutes negligence, making the board strictly liable to pay compensation. (Paras 3-5) B) Civil Procedure - Res Judicata - Earlier Writ Petition - The earlier writ petition was disposed of with a direction to consider the representation, without adjudication on merits; hence, the subsequent petition for compensation is not barred by res judicata. (Paras 4-5) C) Electricity Law - Compensation - Section 161 of the Electricity Act, 2003 - The court awarded compensation of ₹5,00,000 with interest at 6% per annum from the date of death, applying the principle of strict liability for failure to maintain power lines. (Paras 5-6)
Issue of Consideration
Whether the appellant is entitled to compensation for the death of his son due to electrocution caused by the negligence of the electricity board, and whether the earlier dismissal of his writ petition bars the present claim on principles of res judicata.
Final Decision
The appeal is allowed. The impugned order dated 08.06.2012 in W.P.No.83496/2009 is set aside. The respondents are directed to pay compensation of ₹5,00,000 with interest at 6% per annum from the date of death (24.09.2000) until payment, within eight weeks.
Law Points
- Strict liability for electrocution due to negligence
- Res judicata not applicable when earlier petition was disposed without adjudication on merits
- Compensation under Section 161 of Electricity Act
- 2003
