Case Note & Summary
The case involves an appeal by Paschim Gujarat Vij Company Ltd (PGVCL) against a judgment and decree dated 13.11.2006 passed by the 4th Addl. Senior Civil Judge, Bhuj, in Special Civil Suit No.64 of 2003. The plaintiffs, parents of the deceased Abdul Hasam, filed a suit claiming compensation for his death due to electrocution. The deceased was a plumber earning Rs.150 per day and was the sole breadwinner. On 6.12.2001, while passing near a lake at village Bharasar, he came into contact with a live wire of PGVCL and died on the spot. The plaintiffs alleged negligence on the part of PGVCL in maintaining the wire. PGVCL denied liability, claiming the deceased was negligent. The trial court decreed the suit, awarding Rs.3,38,000 with 9% interest from the date of filing till realization. PGVCL appealed under Section 96 of the Code of Civil Procedure, 1908. The High Court, after considering the evidence and arguments, held that the principle of res ipsa loquitur applies, as the live wire was under the control of PGVCL and the accident would not have occurred in the ordinary course if proper care had been taken. The court found no contributory negligence on the part of the deceased. The compensation was deemed just and proper, and the appeal was dismissed with no order as to costs. The civil application also stood disposed of.
Headnote
A) Tort Law - Negligence - Electrocution Death - Strict Liability - The appellant electricity company failed to maintain its live wire, which came in contact with the deceased, causing death. The court held that the principle of res ipsa loquitur applies, and the company is liable for negligence. (Paras 1-8) B) Compensation - Quantum - Death of Plumber - The deceased was a plumber earning Rs.150 per day. The trial court awarded Rs.3,38,000 with 9% interest. The High Court found no reason to interfere, as the compensation was just and proper. (Paras 1-8)
Issue of Consideration
Whether the appellant PGVCL is liable for negligence in maintaining its electrical wires resulting in the death of the deceased, and whether the compensation awarded by the trial court is just and proper.
Final Decision
The High Court dismissed the appeal, upholding the trial court's judgment and decree. No order as to costs. The civil application also stands disposed of.
Law Points
- Negligence
- Strict Liability
- Res Ipsa Loquitur
- Compensation
- Interest
