Court mandates Gujarat Energy Transmission Company Ltd. to compensate victim's family, reinforcing strict and absolute liability principles.
In a significant ruling, the Gujarat High Court has reinforced the principle of strict and absolute liability for electricity companies engaged in inherently hazardous activities. In the case of Gujarat Energy Transmission Company Ltd. (GETCO) versus Naniba and Others, the court upheld the trial court's decision to award compensation to the legal heirs of Gemarsinh Sodha, who died from electrocution.
The incident occurred on April 24, 2003, when Gemarsinh Sodha, while tending to his livestock, came in contact with live electric wires passing through the branches of a tree near an open canal. Despite the defense's argument attributing negligence to the deceased, the court affirmed that GETCO was liable to compensate the victim's family, dismissing the company's appeal.
Justice J.C. Doshi cited established precedents, including the Supreme Court's decision in M.C. Mehta v. Union of India, which expanded the principle of strict liability to absolute liability for enterprises engaged in hazardous activities. The judgment emphasized that electricity companies must ensure proper installation and maintenance of electric lines to prevent accidents, and liability is not mitigated by contributory negligence claims.
The court ordered GETCO to pay Rs. 9,40,000 with 9% interest per annum from the date of filing the suit until realization. This decision underscores the judiciary's commitment to holding companies accountable for the inherent risks associated with their operations, ensuring justice for victims of such unfortunate incidents.
Bottom line:-
Electricity Company, engaged in inherently hazardous activities such as electricity transmission, is strictly and absolutely liable for compensation in cases of death or injury caused by electrocution due to their negligence or lack of precautions, irrespective of contributory negligence.
Statutory provision(s):
- Code of Civil Procedure, 1908
Gujarat Energy Transmission Company Ltd. v. Naniba, (Gujarat) : Law Finder Doc id # 2925944
