Case Note & Summary
The case arises from an incident on 24 November 1993, when Deepakkumar J. Bhatt, while participating in a religious ceremony (Tulsi Vivah) in Village Dhamrej, stood near an electric pole. The pole was supported by a wire known as 'Taniya'. Suddenly, high voltage ran through the Taniya, and the deceased, standing nearby, was electrocuted and died on the spot. The widow and minor children of the deceased filed Special Civil Suit No.4 of 1995 under the Law of Tort against Paschim Gujarat Vij Company Ltd. (formerly Gujarat Electricity Board) seeking compensation of Rs.9,00,000. The trial court partly decreed the suit, awarding Rs.6,30,000 with 9% interest from the date of suit till realization. The appellant, the electricity company, filed the present appeal under Section 96 of the Code of Civil Procedure, 1908. The appellant contended that the death was due to the deceased's own negligence, as he was holding a loudspeaker connected to an amplifier that short-circuited. However, the court noted that the appellant failed to lead any evidence to prove this defense. The court applied the principle of res ipsa loquitur, holding that the high voltage in the support wire was due to the appellant's negligence. The court also upheld the compensation calculation, which was based on the deceased's monthly income of Rs.3,000, applying a multiplier of 15 and deducting 1/3rd for personal expenses, resulting in Rs.6,30,000. The court found no error in the trial court's judgment and dismissed the appeal.
Headnote
A) Tort Law - Strict Liability - Electrocution Death - Negligence of Electricity Board - The court considered whether the appellant was liable for death due to high voltage running through a support wire ('Taniya') of an electric pole. The court held that the appellant failed to prove contributory negligence and that the doctrine of res ipsa loquitur applied. The appeal was dismissed, affirming the trial court's decree of compensation of Rs.6,30,000 with 9% interest. (Paras 1-14) B) Evidence - Burden of Proof - Contributory Negligence - The appellant claimed the death was due to short-circuit in an amplifier held by the deceased. The court held that the appellant failed to discharge the burden of proving contributory negligence, as no evidence was led to support the defense. The trial court's finding of negligence was upheld. (Paras 5-10) C) Compensation - Loss of Dependency - Multiplier Method - The court upheld the trial court's calculation of compensation based on the deceased's income of Rs.3,000 per month, applying a multiplier of 15 and deducting 1/3rd for personal expenses, resulting in Rs.6,30,000. The court found no error in the award. (Paras 11-14)
Issue of Consideration
Whether the appellant-electricity company is liable for the electrocution death of the deceased due to negligence, and whether the compensation awarded by the trial court is just and proper.
Final Decision
The appeal is dismissed. The impugned judgment and decree of the trial court are confirmed. No order as to costs.
Law Points
- Strict liability
- negligence
- res ipsa loquitur
- contributory negligence
- burden of proof
- compensation for loss of dependency
