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The Chhattisgarh High Court recently upheld the liability of the Chhattisgarh State Power Distribution Company Limited (CSPDCL) for the death of a woman by electrocution.

Referring to the Supreme Court case MP Electricity Board v Shail Kumari and others (2002), the bank consisting of Justice Rajani Dubey and Justice Sanjay Kumar Jaiswal applied the strict liability principle, holding that a person or organization engaged in a dangerous activity is liable for all damage caused, regardless of fault or negligence.

The case revolves around the death of a lady due to electrocution while using a drill pump in her home. The plaintiffs (her husband and children) filed a civil suit seeking damages of ₹11 lakh, citing the responsibility of the Chhattisgarh State Power Distribution Company Limited (CSPDCL).

The plaintiffs alleged that the incident was a result of CSPDCL’s negligence in maintaining electrical safety, especially the earthing system.

Conversely, the corporate defendant denied liability, stating that the accident occurred due to the homeowner’s improper internal wiring and the decedent’s negligence.

Based on the evidence, the court found that the defendants are liable under the principle of strict liability. The plaintiffs were awarded damages of ₹10,37,680, including ₹9,67,680 for loss of dependency and ₹70,000 for mental anguish, loss of property and funeral expenses, with annual interest at 9% from the date of the incident.

Aggrieved by the contested judgment, the defendant company appealed to the Supreme Court.

The verdict written by Judge Rajani Dubey affirmed the court’s ruling and found that the defendant company was liable to compensate the deceased. Referring to the case of MP Electricity Board, the Court said that in cases of strict liability, the defendant is held liable in any case whether he could have prevented the specific damage by taking precautions.

“Taking into account the above decision, the admitted facts in this case and the overall evidence as discussed above, this Court finds no illegality or weakness in the findings recorded by the trial court holding that the appellants/defendants No. 1 & 2 liable to pay compensation to respondents No. 2 to 10/plaintiffs against death of Smt. Pancho Bai for electrocution.”the court ruled.

Accordingly, the appeal was dismissed.

Appearance:

For appellants: Mr. Raja Sharma, Advocate.

For Respondent No. 1: Mr. Sachhidanand Yadav, Panel Advocate.

For respondents No. 2 to 10: Mr. BL Sahu, Advocate.

Case Title: Chhattisgarh Rajya Vidhyut Vitaran Company & Anr. v. State Of Chhattisgarh & Ors., FA No. 85 of 2023

Click here to read/download the judgment