Case Note & Summary
The judgment involves multiple writ petitions filed by individuals against the Bengaluru Electricity Supply Company (BESCOM) and others, seeking compensation for losses allegedly caused by electrical faults, transformer failures, and other incidents. The petitioners, including Sri P. Malappa and others, claimed that due to negligence of BESCOM, their properties were damaged, and they sought compensation of Rs. 20,00,000 with interest. The court examined the nature of the claims and found that the petitioners failed to provide any evidence of negligence or deficiency in service on the part of BESCOM. The court noted that the incidents were not supported by any independent investigation or report establishing the cause. The court held that in the absence of proof of negligence, the electricity supply company cannot be held liable for damages. Additionally, the court observed that the claims involved disputed questions of fact, which cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution. The court dismissed all the petitions, leaving the petitioners to seek remedy before the civil court if they so desire.
Headnote
A) Electricity Law - Compensation for Electrical Accidents - Negligence - Burden of Proof - Petitioners claimed compensation for loss of property due to alleged electrical faults - Court held that in the absence of proof of negligence or deficiency in service, the electricity supply company cannot be held liable - Mere occurrence of an incident does not attract strict liability - Petitioners failed to discharge burden of proof (Paras 10-15). B) Constitutional Law - Writ Jurisdiction - Disputed Questions of Fact - Claims for compensation involving disputed facts regarding cause of electrical faults - Court held that such matters are not amenable to writ jurisdiction under Article 226 of the Constitution of India - Petitioners must approach civil court for adjudication of disputed facts (Paras 16-20).
Issue of Consideration
Whether the petitioners are entitled to compensation from the electricity supply company for alleged losses caused by electrical faults or transformer failures, and whether the writ court can adjudicate such disputed questions of fact.
Final Decision
All writ petitions are dismissed. Petitioners are at liberty to approach the civil court for appropriate remedy.
Law Points
- Burden of proof
- Negligence
- Strict liability
- Electricity supply
- Compensation
- Writ jurisdiction
