PGVCL's Appeal Dismissed; Ordered to Compensate Family of Deceased Plumber with Rs. 3.38 Lakh Plus Interest
In a significant ruling that reinforces the principles of strict and absolute liability, the Gujarat High Court dismissed an appeal by Paschim Gujarat Vij. Co. Ltd. (PGVCL) challenging the trial court's decision that held the electricity supply company liable for the electrocution death of Abdul Hasam. The judgment, delivered by Justice J.C. Doshi, underscores the stringent obligations on companies engaged in hazardous activities to prevent harm from their operations.
The case stemmed from a tragic incident on December 6, 2001, when Abdul Hasam, a plumber earning daily wages, came into contact with a live electric wire while passing near a lake in Bharasar village, resulting in his immediate death. The deceased's parents filed a civil suit seeking compensation, alleging negligence on the part of PGVCL for allowing the dangerous condition to persist.
The trial court had earlier decreed in favor of the plaintiffs, awarding Rs. 3,38,000 in compensation with 9% interest per annum from the date of filing the suit until realization. PGVCL appealed the decision, arguing that the incident was due to Hasam's negligence, asserting that he failed to exercise necessary caution.
In affirming the trial court's judgment, the High Court relied on established precedents, including the landmark Supreme Court case of M.C. Mehta v. Union of India, which extended the principle of absolute liability to entities engaged in inherently hazardous activities. The court held that PGVCL, as an electricity supply company, bears the absolute responsibility to ensure no harm results from its operations, dismissing defenses of contributory negligence by the deceased.
Justice Doshi noted that the presence of a low-hanging, live wire constituted a clear hazard that PGVCL failed to address, thereby upholding the trial court's findings. The court emphasized that entities like PGVCL are required to maintain rigorous safety standards and are liable for any lapses that result in accidents.
The ruling reinforces the judiciary's stance on safeguarding public safety and holding companies accountable for negligence in hazardous operations. The court's decision mandates PGVCL to disburse the awarded compensation to the deceased's family, along with any accrued interest from previously deposited amounts.
Bottom Line:
Principles of strict liability or absolute liability extended to hazardous activities; liability of electricity supply companies for accidents caused due to live wires upheld.
Statutory provision(s): Code of Civil Procedure, 1908
Paschim Gujarat Vij. Co. Ltd. v. Hasam Mamad Sama, (Gujarat) : Law Finder Doc id # 2865157
