7-Year-Old Child Loses Both Arms Due to Unprotected Transformer Near School; Court Orders Compensation Without Negligence Proof
In a landmark judgment, the Allahabad High Court has directed the U.P. State Electricity Board to compensate Rs. 26.65 lakhs to a minor who suffered severe injuries resulting in the amputation of both arms. The incident occurred when the seven-year-old child, Pappu, accidentally came into contact with an unprotected transformer near his school in Agra. This decision was rendered by Justice Sandeep Jain, emphasizing the application of the principle of strict liability in such electrocution cases, thereby negating the need to prove negligence.
The court found that the transformer, installed near the gate of Kapil Dev Shastri Jr. High School, Nangla Padi, Agra, lacked necessary fencing or barricading, posing a significant risk to the public, particularly children. Despite the absence of direct negligence, the court held the Electricity Board liable, underlining the duty of care owed by the supplier of electricity to ensure public safety.
The case was initially dismissed by the trial court, attributing the incident to the child’s negligence. However, upon appeal, the High Court overturned the decision, drawing from precedents that establish strict liability for activities involving hazardous materials like electricity. The court criticized the defendant for failing to demonstrate compliance with safety norms and disregarded the need for contributory negligence from a minor.
In addition to the compensation, the court awarded interest at 6% per annum from the date of filing the suit until realization. The judgment mandates that the compensation amount be placed in a fixed deposit to provide monthly interest income for the child’s livelihood, with withdrawals permitted only under court supervision for special needs.
The decision has been hailed for reinforcing the accountability of utility providers in maintaining safety standards and protecting vulnerable individuals from foreseeable risks.
Bottom Line:
Strict liability applies in cases of electrocution caused by high-tension electric equipment. A 7-year-old child who lost both arms due to electrocution from an unprotected transformer near a school is entitled to compensation under the principle of strict liability, without the need to prove negligence.
Statutory provision(s):
- Tort Law - Strict Liability
- Indian Evidence Act, 1872, Section 114(g)
- Indian Electricity Act, 1910, Section 33
