Electricity companies are absolutely liable for deaths caused by electrocution even if the victim was negligent, rules High Court.

The deceased, Arjunbhai Nepali, was an apprentice with Paschim Gujarat Vij Company Ltd (PGVCL). On April 1, 2004, while checking an electric line on a pole for repairs under instructions, he was electrocuted and died.

The claimants filed Special Civil Suit No. 93 of 2005 seeking compensation of Rs. 10,00,000/-. The trial court partially decreed the suit, awarding Rs. 3,87,885/- with 12% interest.

PGVCL appealed (FA 9/2012) on grounds of the deceased’s negligence, while the claimants appealed (FA 174/2011) for enhancement of compensation.

1. Whether the death of the deceased was caused by his own negligence, thereby absolving the electricity company of liability.

2. Whether the trial court erred in deducting the amount paid under the Employees' Compensation (EC) Act from the total compensation calculated under the Law of Torts.

The court primarily applied the principle of Absolute Liability as established in M.C. Mehta v. Union of India [AIR 1987 SC 1086], which holds enterprises engaged in hazardous or inherently dangerous activities liable for harm without the defenses available under strict liability.

It further relied on H.S.E.B. v. Ram Nath [2004 (5) SCC 793] and M.P. Electricity Board v. Shailkumar [(2002) 2 SCC 162], which establish that electricity companies have a non-delegable duty to ensure safety, and liability is incurred regardless of whether precautions were taken or if the victim’s actions contributed to the accident.

The court reasoned that PGVCL is engaged in the business of supplying electricity, a hazardous substance, which attracts the principle of absolute liability.

The court rejected PGVCL’s defense of contributory negligence, stating that in cases of absolute liability, the supplier is liable for foreseeable risks inherent in the activity regardless of fault.

Regarding the enhancement of compensation, the court found that the trial court's deduction of Rs. 1,18,215/- (previously paid under the EC Act) from the tortious liability was legally erroneous. It held that liability under the Law of Torts and the EC Act are distinct and the claimants are entitled to full compensation under the tortious claim.

The court modified the decree to add back the deducted amount of Rs. 1,18,215/-, totaling the compensation to Rs. 5,06,100/- with 12% interest. PGVCL was ordered to deposit the enhanced amount within 12 weeks for disbursement to the claimants.