Punjab and Haryana High Court Clears PSPCL of Liability in Electrocution Case, Upholds Compensation from BSF

Court rules BSF liable for maintaining unsafe conditions; orders compensation with interest for victim's family.

In a significant ruling, the Punjab and Haryana High Court absolved the Punjab State Power Corporation Limited (PSPCL) of liability in a tragic electrocution case, while affirming the Border Security Force's (BSF) responsibility to compensate the victim's family. The judgment, delivered by Justices Harsimran Singh Sethi and Vikas Suri, addressed the appeals filed by PSPCL and the Union of India against the order of a Single Judge awarding compensation to the family of deceased Narender Kumar.

Narender Kumar's untimely death occurred in a restricted area under the exclusive jurisdiction of the BSF near the International gate between India and Pakistan. The court noted that PSPCL's role was limited to supplying electricity in bulk to the BSF, which managed the internal distribution and maintenance. Consequently, the court set aside the Single Judge's decision holding PSPCL jointly liable with the BSF for the compensation.

The BSF contested its liability, claiming the area was cordoned off, thus attributing negligence to the deceased for entering the restricted zone. However, the court found no evidence supporting this claim. The judgment emphasized the BSF's failure to adequately secure the area and prevent unauthorized access, thereby upholding the compensation awarded to the victim's family.

In addition to affirming the compensation amount, the court directed the Union of India to pay an interest of 6% per annum from the date of the Single Judge's order, February 1, 2023, until the compensation is disbursed. The court mandated the release of the compensation within eight weeks, underscoring the delay in payment despite the absence of a stay on the awarded amount.

This ruling underscores the importance of maintaining safety in restricted areas and clarifies the liability of entities involved in the management and distribution of electricity in such zones.

Bottom Line:

Liability for compensation in case of electrocution due to negligence in maintenance of electricity connections in a restricted area.

Statutory provision(s): Section 5 of the Limitation Act

Superintending Engineer, Distribution City, PSPCL v. Union of India, (Punjab and Haryana)(DB) : Law Finder Doc Id # 2814023